The administration of the British colonies

N THE CUSTODY Or TME

BOSTON PUBLIC LIBRARY.

SHELF N°

MADAMS

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THE

ADMINISTRATION

OF THE

BRITISH COLONIES.

VOL. I.

Digitized by the Internet Arefiive
in 2010

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THE

ADMINISTRATIOisr

OF THE

BRITISH COLONIES.

THE SIXTH EDITIONi
WHEREIN THEIR

Conftltutional Rights and Eflablifliments

AS ALSO

Thofe DifpUted Points in the Conftitutions and Ad-
miniftration of the Government of the Colonies,
from whence the Prefent American War Sprung,
and on which the Final Settlement of a Peace muft
Turn

ARE DISCUSSED AND STATED.

By THOMAS POWNALL,

Member of Parliament,
Late Governor, Captain General, Commander in Chief,
and Vice Admiral of His Majefty's Provinces, Maffachu-
fetts-Bay and South-Carolina; and Lieutenant-Governor
of Nev/-Jerfeyi

»' .1 . . . I

IN TWO VOLUMES.

VOL. I.

Pukhrum eji benefacere Reifublica., etiam .benedlcere hand
abfurdum eft. Sallustius,

LONDON:

Printed for J. Walter, at Homer's Head, Charing-Grofs.

M.DCC.LXXVII.

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A5

( i )

TO THE RIGHT HONOURABLE

GEORGE GRENVILLE, Efq.

SIR,

WH EN I firfl "* publifhed my opinions
upon the adminiflration of the
Colonies, I addrelTed the book to you. You
was then minifter in this country, and had
taken an adive and leading part in the ad-
miniflration of thofe affairs. I did not by
that addrefs dedicate, as is the ufual phrafe,
my opinions to the minifler ; for our opi-
nions differed on feveral points : But as dif-
putes upon a queflion, (pregnant with the
mofl dangerous confequences) began to be
agitated between the miniller of this coun-
try and the Colonifls j which I faw, mufl

* 1764.
Vol. L a foon

11

foon extend tliemfelves in contentions with
parliament itfelf ; as I faw a fpirit of fuf-
picion and alarm arilingj a temper of ill
blood, infuiing itfelf into the minds of men ;
I endeavoured to obviate thefe mifchiefs, by-
marking in that addrefs, that, as there were
neither arbitrary intentions on one hand
againfl the liberties of the Colonies, nor
rebellious defigns on the other againft the
jufl mperium of government j fo there was
a certain good temper and right fpirit, which,
if obferved on all fides, might bring thefe
matters of difpute to fuch a fettlement, as
political truth and liberty are befl eflablifhed
upon.

You had conceived, that government hath
a right to avail itfelf in its finances, of the
revenues of all its dominions 3 a?id that the
impofing upon the Colonies, taxes by parliament ^
for the faid purpofe, was the conflitutional
mode of doing this. The Colonifts, who
were not reprefented in parliament by
knights and burgeffes of their ov/n election,
*' ^* did apprehend, they had reafon to fear

* Letters of the aflembly of MafTachufetts-bay.

*' fome

lii

5* fome danger of arbitrary rule over thenij

** when the fupreme power of the nation

*' had thought proper to impofe taxes on

" his Majefty's American fubje6ts, with the

•* fole and exprefs purpofe of railing a re^

** venue ^ and without their confent."

Parliament had, by a folemn a(fl, declared^
that it hath a right to make laws, which
fhall be binding upon the people of the
Colonies, fubjedis of Great Britain, in all
cafes whatfoever j — while the Colonifts fay,
in all cafes which ca?i conffi with the funda-^
mental rules of the coifiitution : by which
limitation, they except the cafe of taxation
where there is not reprefentation. Hence
the Colonifts have, by many, been deemed
factious, undutiful and diiloyal ; and even
chargeable with treafon itfelf. — - —

I had been fufficiently converfant in thefe
affairs, although neither employed nor con-«
fulted in them, fmce I left America -, to
know that thefe alternate charges were falfe
and groundlefs : that there Vt^ere neither
arbitrary intentions on one hand, nor fedi-
' A 2 tious

tious views on the other. As therefore, by
my addrefs, I meant to do juiliice to your
principle's, which I knew to be thofe of
peace and government, eftabhihed on poli-
tical liberty, -— fo I took that occalion, as I
will ever cfteem it a duty to do, to bear my
teilimony to the affediion which the Colo-
nics have ever born to the mother country ;
to their zeal for its w^elfare; to their fenfe
of government, and their loyalty to their
fovereign ; as alfo how much they have me-
rited from this country, and how much they
deferve to be confidered by it; in order to
put thefe matters of difpute on a footing of
reconciliation, fair difcuffion, and equitable
fettlement. — —

It is a great pity that queilions of this na-
ture were ever raifed; * " for, it is a very
" unfafe thing in fettled governments, to
" argue the reafon of the fundamental con-
*' ftitutions." — -But when contrary propoli-
tions are alternately brought forward by the
reprefentatives of two people, as the avowed

* Coinm. Journal, 1672.

principles

( V )

principles of their fefpedive conflituents 5
when an inferior government, which inva-
riably acknowledges its dependence on a fii-
perior and fupreme government, thinks it
hath a right to call into queilion fome
particular exertions of power in that go-
vernment, by rules which limit the extent
of the power of that government j it is
abfolutely neceilary either to decide fuch
queftion, or to give fuch explanations of the
matter, that it may ceafe to be a quejlion :
for fo long as it continues in doubt, the
parties will alternately charge each other
with arbitrary principles, and a fpirit of

fedition, with tyranny and rebellion -,

and the confequence in fa(5t will be, that
frequent injurious ads of violence, which
numberlefs events w^ill ever give occafion
to, mufl neceflarily be animated with a
fpirit too nearly allied to the one and to the
other. — The matter is in that ftate, that it
ought to come before parliament 5 it mufl^
it will ; — it is necelTary to the fupport of
government that it fliould ;- — it is necelTary
to the fecurity of the nation and its intereftj
«— it is necelTary. to the peace, liberties, and
A3 conllitutions

( vi )

confliitutions of the Colonies s it is neceffary
to the fafety of minillers.

Many matters therefore, the publication
of which I had fufpended, while I thought
that this queflion might be w^aved, or fome
way compromifed j I now publiih in this
edition. 1 continue my addrefs. Sir, to you,
now you are no longer miniiier, nor perhaps
ever likely to be. I addrefs myfelf to the
private country gentleman, v/ho will alway
have a great ih'are in the buiinefs of his
country 5 — to Mr, George Grenville, as to
one v/ho hath, and alway will have great
intereft, lead and authority in parliament ;
from an opinion really and deeply grounded
in the minds of the moil ferious of his coun-
trymen, that, while for the fake of the
peace and liberties of the whole, he means
to fupport the conftitutional powers of go-
vernment in the crovv^n ; fo is he equally, by
principle, determined, as by abilities able,
to guard the civil rights of the fubjeds ^
with a peculiar regard to, and management
pf, their interells in their property.

This

( vii )

^his American queflion, in which liberty
and the rights of property are fo deeply en-
gaged, muft now come forward. From the
part which you have already taken, you
muffc ftill bear a confiderable part in the de-
bates and confultatioRS which will be held
upon it. I therefore addrefs, to your moil
ferious confideration, that ftate of this buii-
nefs which the following book contains : nor
will I defpair of your alTent to v/hat fo firmly
eftablifhes the rights of property, on the
foundations of liberty ; by an equal extenjion
and communication of govermnent, to where-
Jbever the people a?id domiiiionsy having thefe
rights, do extend. In the matters which I
propofe, I fpeak my own fentiments, not
yours. I addrefs them to your ferious con-
fideration, as I do to every man of bufinefs
in the nation y with an hope that from con-
vidion of the juflice, policy, and neceffity of
the meafure, they may become the generaj
fentiments of the government, and of the
people, of Great Britain. From the fame
fentiments, and with the fame view of se-
neral peace and liberty, I could wiih to re-
commend the fame propofitions to "Cnz Ame-
A 4 ricans.

( viii )

rkans. "Nor would I defpair of their alTent
to things j were there no jealoulies of, no
prejudices againft men. I am convinced
that thefe maxims are true in theory ; and da
iincerely believe, that they are the only prin-
ciples, by which the peace, the civil liberty,
commercial profperity and union , of the
Britiili dominions, can be maintained and
fuppcrted. I am no Partizan — I do not pal-
liate the errors of Great Britain — I do not
flatter the paf/ions of America. My zeal and
many fervices, towards the one, have appeared
in the efFedl of thofe fervices : and my affec-
tion to the otherj if it be not already known,
will be feen -, as, under the accident of a
certain QVQnt^ I mean to ertd my days there
in a private charader. ;_

~ I have, in this prefent edition, gone into
the difcuilion of this matter, as it lies infacly
and as it hath, at the firfl fettlement of the
Colonics, and in the different periods of their
progrefs, exijied in 7-ight, eilabiidied on fuch
fad:. I have flated the fad j and the right —
in hopes to point out what is the true and
conftitutional relation between Great Britain

and

( ix )

and the American Colonies -, what is the pre-
cife ground, on which this dangerous quef-
tion ought to be fettled : " How far they
** are to be governed ly the vigour of external
*' principles-, by the fupreme fuperintcnding
" power of the mother country : How far,
'* by the vigour of the internal principles of
*' their own peculiar body politic : And
*' what ought to be the mode of admini-
" ftration, by which they are to be governed
^' in their legillative, executive, judicial and
** commercial departments -, in the conducfi:
*' of their money, and revenues -, in their
''power of making peace or war.

Analyiing by the experience of fa<fl, this

inquiry, 1 mark the falfe policy, which

derives by neceffary confequence, from ilat-
ing the Colonies as fubjed: only to the King,

in his feignoral capacity. 1 fhow alfo,

that no confequences of rights can be drawn
from precedents in that period, when the
two houfes of parliament alilimed the exer-
cife of the fovereignty, and conlidered thb
Colonies as their fubjeSfs. — I fhow how the
Colonies ought to be confidered as parts of

the

( X )

the realm : and by fhowing the perplexities
in reafoning, and the dangerous confequences
in practice, which attend the ftating of the
Colonies as without -y and no part of the
realm -, at the fame time that they are Hated
as fubjeds of the King, Lords and Commons
colledively taken as fovereign. — I mark the
falfe ground and fuperilrud:ure of that po-
iition.

In the courfe of this reafoning -, while I
ftate how the Colonies have been admini-
ilered y I fhow that the Colonies, although
without the limits of the realm, are yet in
fa6l, of the realm : are annexed, if not yet
nnitedj parts of the realm * ; are precifely in
the predicament of the counties Palatine of
Durham and Chefter 3 and therefore ought,
in the fame manner, to be united to the
realm, in a full and abfoliite communication
and communion of all rights, franchifes and
liberties, which any other part of the realm
hath, or doth enjoy, or ought to have and
10 enjoy : in communication of the fame bur-^

* Vide In Appendix, N°. I. Extract of Mr. Gren«
ville's letter in anfwer to this.

thenSj

( xi )

thens, offices, and emoluments j in eom-
munion of the fame foederal and commer^^
cial rights i in the fame exercife of judicial
and executive powers ; in the fame parti-
cipation of council. — And that therefore,
in the courfe and procedure of our go^*ern-»
ment with the Colonies -, there mull: arife a
duty in government to give, a right in the
Colonies to claim, a fhare in the legiflature
of Great Britain ; by having Knights and
Burgeffes of their own eledlion, reprefenting
them in parliament, ;

It makes no difference in the matter of
the truth, whether the government of En-
gland fhould be averfe to the extending of
this privilege to the Colonies ; or whether
the Colonies fhould be averfe to the receiv-.
ing of it : — Whether we, from pride and
jealoufyj or they, from fears and doubts;
fhould be repugnant to this union. For,
whether we reafon from experie?ice, and the
authority oi exatnpk y Or whether we con-
jQder the policy, jufiice, and neceffity of the
meafure j the concluiion is unavoidably the
fame j the propolition invariably true — That
the Britijh ijles, with our poffeffi-ons in the

Atlantic

( xli )

Atlantic and in America ^ are in fact^

UNITED INTO A ONE GRAND MARINE

POLITICAL community: And ought there^
fore, by policy ^ to be united into a one
Imperium, in a one center^ where the feat
of government is : And ought to be governed
from thence, by an adminiftration founded
on the bails of the whole ; and adequate
and efficient to the whole.

I have not flated the neceffity of this
meafure -, for * reaforis, which cannot but be
obvious to any prudent man : but I have
ventured to affirm, that fuch is the adrual
ftate of the lyftem of the Britifh dominions -,
that neither the poiver of government, over
theje various parts, can long continue under
the prefent mode of adminijiration -, nor the great
intereft of commerce, extended throughout
the whole, long fublift under the prefent
fyftem of the laws of trade.

I do, from my heft judgment, fincerely
believe 5 that a general and intire union
of the Britifh dominions, is the only

* Look to the prefent events for the reafons here
referred to,. 1774.

meafure

( xiii )

meafure by which Great Britain can be con-
tinued in its political liberty, and commer-
cial profperity ; perhaps in its exiflence.

When I had firjR; an opportunity of con-
veriing with, and knowing the fentiments
of, the * commiffioners of the feveraLpro-
vinces in North America, convened at Al-
bany; of learning, from their experience
and judgment, the adiual ftate of the Ame-
rican bufmefs and interefl ; of hearing
amongfl them, the grounds and reafons of
that -j" American union^ which they then had
under deliberation, and tranfmitted the plan
of to England ; I then nril conceived the
idea, and law the neceffity, of a general Bri-
tijh union. I then firft mentioned my i^n-
timent on this fubjed: to feveral of thofe
commiilioners — and at that time, firft pro*
pofed my coofiderations on a general plan of a
Britifli union,— I had the fatisfa(flion to find
many of the meafures, which I did then

* Appointed by their refpe^iive provinces, to attend
a congrefs at Albany, in 1754; to v/hich they were
called by the crown.

t Vide Appendix, N". IW

5 propofe.

( XIV )

pf opofe, adopted : arid the much greater fa-
tisfadtion of feeing the good effed: of them :
But this particular meafure was, at that time^
I dare fay, confidered as theory and vifion ;
and perhaps may, at this time, be thought fo
ftill : Yet every event that hath fmce arifen ;
every meafure v^hich hath lince been taken,
through every period of bufinefs in which I
have been concerned, or of which I have
been cognifant; hath confirmed me in
my idea of the ftate of things, and of
the truth of the meafure. At this pe-
riod, every man of bufinefs in Britain, as
well as in America, fees the effedl of this
flate of things ; and may, in futurCy fee the
neceflity of this meafure. The whole train
of events -, the whole courfe of bufinefs ;
mufl perpetually bring forward into pradiice,
and neceffarily in the end, into eflablifh-
ment — either an American or a Britijh union.
-—There is no other alternative. — The only
confideration which remains to every good
man, who loves the peace and liberties of
mankind, is, whether the one or the other
ihall be forced into exiflence, by the violence
of parties, and at the hazard of events ; or
I whether

( ^v )

whether by the deliberate legiflative advice>
of the reprefentative of all who ai^e con-
cerned.— —

May both the Briton and the American
take this confideration to heart : and, what-
ever be the fate of parties and fadions 5 of
patriots or minifters ; may the true govern-
ment of laws prevail, and the rights of men
be eftabli/hed in political liberty !

With the higheft efleem and regard, I
have the honour to be,

S I R,

Your moil obedient, humble fervant,

T. POWNALL,

, JUNE, 1768.

THE

T H S •

ADMINISTRATION

OF THE

; O L O N I E !

INTRODUCTION of th^ fubjea.

By a general defcriptmi of the crifis 'whicfo
cajne info event after the Peace of Paris,,
fettled in the year 1763.

H E feveral changes of territorieSj,
which at the laft Peace took place
in the Colonies of the European
world, have given rife to a new system
OF INTERESTS; have Opened a new channel
of bufinefs ; and brought into operation a new
concatenation of powers, both commercial and
political. — This fyflem of things ought, at
this crifis, to be ad:uated by a fyfiem of poli-
tics, adequate and proportionate to its pow-
Vol. L B ers

( 2 )

ers and operations : Yet we find not any one
com prehen live or precife idea of the crilis
which is now arifing ; on the contrary, all
that is propofed as meafures, is by parts,
without connection to any whole ; is the
ftart of temporary expedient, and lliiftings
off of prefent dangers, without any reference
to that eventual ftate of things, which mufb
be the confequence of fuch meafures, and
fuch expedients.

This ftate of the bufinefs has tempted me
to hazard my fentiments on the fubjedt.
My particular lituation in time paft, gave me
early opportunity of feeing and obferving the
ftate of things, which have been long lead-
ing to this criiis. I have feen, and mark'd
where it was m.y duty, this nafcent crlfis at
the beginning of the late war; and may affirm,
have forefeen and foretold the events that
now form it. My prefent fituation, by which
I ftand unconnedied with the politics of mi-
niftry, or of the colonies, opens the fairefc
occaiion to me of giving to the public,
v/hom it concerns, an imoartial uninfluenced
opinion, of what I think to be the right of
things ; and which I have therefore given in
the follovAng flieets, altho' I am aware what
effedt this condu6t will have, and what it
has already had, on this work, and on my-
feif. The principles on which I ground my

reafojiins:.

( 3 )

rcafoning, not being approved by thofe who
govern ; nor the dodtrines which I derive
from thefe principles, as the rule of prad:ice,
by thofe who fhould be governed : the one
Will call this work, the vifion of a theorift ;
the other will reprefent the dodrines which
it contains, as arifing from the prejudices of
power which I once had in my hands. — -The
one may think me an advocate for the poli-
ticks of the colonies ; the other will imagine
me to be an evil counfellor again ft the co-
lonies to the miniftry : But confcious that
tny aim is, (* without any prudential viev/ of
plealing others, or of promoting my own in-
tereft,) to point out, and to endeavour to ef-
tablifti, an idea of the true intereft of the co-
lonies 5 and of the mother country as related
to the colonies i I fliall ftridily purfue that
right line, equally difregarding what varies
from it on the one hand, and equally reject-
ing what deviates from it on the other.

In the firft uncultur'd ages of Europe,
when men fought nothing but to polTefs,
and to fecure pofTeflion ; the power of the
SWORD was the predominant fpirit of the
world : It was that, which formed the Ro-
man empire : and it was the fame, which,
in the declenfion of that empire, divided

* The event has proved this fcnfe of the matter to be
true. 1774.

ao:ain

( 4 )

ag^ain the nations into the feveral govern-
ments, formed upon the ruins of it.

When men afterward, from leifure, be-
gan to exercife the powers of their minds in
(what is called) learning ; Rehgion, the only
learning at that time, led them to a concern
for their fpiritual interefls, and confequently
led them under their fpiritual guides. The
power of Religion, would hence as natu-
rally predominate and rule ; and did adlually
become the ruling fpirit of the policy of Eu-
rope. It was this fpirit, which, for many
ages, formed, and gave av/ay kingdoms ; this
which created the anointed Lords over them;
or again excommunicated and execrated thefe
fovereigns : this that united and allied the
various nations ; or plung'd them into war
and bloodihed ; this that formed the bal-
lance of the power of the whole ; and ac-
tuated the fecond grand fcene of Europe's
hiftory.

But fmce the people of Europe, have
formed their communication v/ith the com-
merce of Alia ; have been, for fome ages paft,
fettling on all fides of tlie Atlantic Ocean,
and in America; have been polTeffing every
feat and channel of commerce ; and have
planted and raifed that, to an interefl which
has taken root — fince they now feel the

powers

{ 5 )

powers which derive from this, and are ex-
tending it to, and combining it with others ^
the fpirit of commerce will become that
predominant power, which will form the ge-
neral policy, and rule the powers of Europe :
and hence a grand commercial intereft, (the
bafis of a great commercial dominion, under
the prefent fcite and circumftances of the
world,) will be formed and arife. The rise

AND FORMING OF THIS COMMERCIAL. IN-
TEREST, IS WHAT PRECISELY CONSTI-

TUTES THE PRESENT CRISIS

^

The European poiTeffions and interefts in
the Atlantic and in America, lie under va-
rious forms, in plantations of fugar, tobacco,
rice, and indigo ; in farms of tillage and
pafturej in fiiheries j Indian hunts; foreils;
iiaval ftores ; and mines. Each different
fcite, produces fome fpecial matter of fupply,
but is, as to it's own local power of produce,
totally deftitute, of fome other branches of
fupply, equally necelTary to that kind of food
and raiment which the prefent flate of the
world calls for. The various nature of the
lands and feas, lying in every degree and afped;
of climate; and the fpecial produce and ve-
getation that is peculiar to each ; forms this
local limited capacity of produce. At thq.

- * 1764.
B 3 fame

( 6 )

fame time that nature has thus confined and
limited the produce of each individual fcite,
to one, or at mofl to few branches of fupply j
at the fame time hath the prefent artificial
life extended the wants of each country to
m.any branches beyond what its own produce
can fupply. The Well India iilands produce
fugar, meloiTes, cotton, &c. : they want the
materials for building, and mechanics ; and
many of the neceffaries cf food and raiment.
The" lumber, hides, iiih, flour, provilions,
live-ftock, and horfes, produced in the
northern colonies on the continent j muil:
fupply the iilands with thefe requifites— On
the other hand, the fugar and meloiTes of the
fugar iilands, is become a necelTary interme-
diate branch, of the North American trade
and fifiieries. The produce of the Britilh
fugar iilands, cannot fupply both Great Bri-
tain and North America, with the necelTary
quantity : this makes the meloiTes of the fo-
reign fugar iilands alfo, necelTary to the pre-
fent ftate of the North American trade.
Without Spanilli lilver, (become necelTary to
the circulation of the Britilh American
trade, and even to their internal courfe of
fale and purchafe,) not only great part of that
circulation muft ceafe to flow ; but the
means cf purchafing the manufactures of
Great Britain would be equally circum-
icribed ; Without the Britilh fupplies ; the
:^ Spanilli

( 7 )

Spaniili fettlements would be fcarce able to
carry on their culture, and would be in great
diftrefs. The ordinary courfe of the labour
and generation of the negroes in the Weil
India iflands, makes a conftant external fup-f
ply of thefe fubjeds neceffary ; and this con-
neds the trade of Africa with the Weil In-
dies : The furr and Indian trade 5 and the
European goods now become neceffary to the
Indian ; are what form the Indian connec-
tion. I do not enter into a particular detail
of all the reciprocations of thofe wants and
fupplies ; nor into a proof of the neceffary
interconnexions arifing from thence : I only
mark out the general trattes of thefe, in order
to explain what I mean, when I fay, that
by the limitation of the capacities, and the
extent of the neceilities of each, all are in-
terwoven into a neceffary intercourfe of fup-
plies j and all indiffolubly bound in an union
and communion, of one general compofite in-
terefi, of the v/hole of the Spanifh, French,
Dutch, Danifli, and BritiOi fettlem-ents.
This is 'C^Q ■natural fiat e of the European
poffeffions in the Atlantic and in America 1
This general communion, is that natural in-
tereff, under which, and by v/hich, they
muff continue to encreafe. Gn the con-
trary, the fpirit of policy, by which the mo-
ther countries fend out, and on which they
^ftabliih colonies; being to coniine the trade

B A of

( 8 )

of their Fefpe(3:ive colonies, folely to their
own fpecial intercourfe ; and to hold them
incommunicable of all other intercourfe or
commerce —the artijicial or political Jiate
of thefe colonies, becomes diflind: from that
v/hich is above defcribed, as their natural
flate.-— The political iliate is that which po-
licy labours to eflabliili by a principle of re-,
pullion : the natural one is that Hate under
"which they adually exifl: and move, by a
general, common, and mutual principle of
attradtion. This one general intereft, thus
dillind; j muft have fome one general ten-
dency or diredion diftind: alfo, and peculiar
to its own fyftem. There muft be fome
center of thefe compoiite movements y fome
lead that will predominate and govern, in
this general intereft. That particular branch
of bufmefs, and its connections, m this ^e-
neral commercial intereft, which is moft ex-^
tenlive, necelTary, and permanent, fettles'
^nd commands the market : and thofe mer-?
chants who adiuate this branch, m.uft acquire
an afcendency ; and will take the lead of
this intereft. This lead will predominate
throughout the ge^eral inte^xourfe j will
diffolve the eifed: of all artificial connedions
which government v.-ould create j and form
the natural connednons under which thefe
intereft s adually exift— will fuperfede all
particular lav/s andcuftpms; and, operate by

thoie

( 9 )

thofe which the nature and ad;ual clrcum-^
ftances of the feveral interefts require. This
lead is the foundation of a commercial do-
minion, which, whether we attend to it or
not, will be formed. Whether this idea
may be thought real or vilionary, is of no
confequence as to the exiftence and procef-
,iion of this power ; for the intereft, which
is the bafis of it, is already formed : — yet it
would become the wifdom, and is the duty
of thofe who govern us, to profit of, to pof-
fefs, and to take the lead of it, already
formed, and arifing fail into dominion. It
is our duty fo to interweave thofe nafcent
powers into, and to combine their influence
with, the fame interefts which actuate our
own government; fo to conned: and com-
bine the operations of our trade with this
intereft -, as to partake of its influence, and
to build on its power. Although this in-
terefl; may be, as above defcribed, diflrerent
and even diftind; from the peculiar interefts
of the mother countries, yet it cannot be-
come independent ; it muft, and will for a
certain period of time fall under the domi-^
nion oi fame of the potentates of Europe.
The great queftion at this crif-s is, and the
great Jiruggk will be, which of the fcates of
Europe Ihali be in thofe circumilances, and
will have the vigour and wifdom fo to profit
of thofe circumftances, as to take this in-

tereft

( 10 )

terell under its dominion, and to Unite it to
its government. This lead feemed at the
bep-inning of the late war, to ofcillate be-
tween the Englifh and French 3 and it was
in this war that the dominion alfo hath been
difputed. The lead is now in our hands :
We have fuch connedicn in its influence,
that, whenever it becomes the foundation
of a dominion, that dominion may be ours.

It is therefore the duty of thofe who go-
vern us, to carry forward this ftate of things,
to the weaving of this lead into our fyftem,
that Great Britain may be no more conlider-

ed as the kingdom of this Ifie only, with many
appendages of provinces, colonies, fettlements,
and other extraneous parts -, but as a grand
MARINE Dominion, consisting of our
Possessions in the Atlantic, and in
America, united into a one empire;

IN A one CENTER; WHERE THEREAT OF
GOVERNMENT IS,

As the riling of this crilis above defcribed,
forms precifely the objeB on which govern-
ment fhould be employed ; fo the taking
leading meafures, towards the forming all
thofe Atlantic and American polTeffions into
one Empire, of vv'hich Great Britain fhould
be the commercial and political center; is
the precife duty of governr^ent at this crifis.

A 116

( II )

The great miniiier^ whofe good fortune
fliall have placed him at this crifis, in the ad-?
miniftraticn of thefe great and important in«
terefls * — will certainly adopt the fyftem
which thus lies in nature ; and which by na-
tural means alone, (if not perverted^) mufl
lead to a general dominion, founded in the
general intereft and profperity of the com-:
mercial world ; mufc build up this country,
to an extent of power, to a degree of glory
and profperity, beyond the example of any
age that has yet paffed, -f id eji viri et diicis
non deejj'e fortuned prabe?2ti Je^ et oblfita cafa
jle5lere ad concilium.

The forming fome general fyftem of ad-
miniftration -, fome plan, which (whatever
may be the changes of the miniftry at home,
or in the governors and officers employed
abroad) (hould be uniformly and permanently
purfued, by meafures founded on the adual
ftate of things as they arife, leading to this
great end, is, at this (:rijis, the precife duty of
government , This is an objed; which ought
not to be overlooked or miflaken : It ought
not to be a ftate myflery ; nor can be a fe-
cret. If the Spaniih, French, and Dutch
governments can oppofe it, they will j but
if -it be founded in nature, fuch oppoiition
will only haften its completion ; becaufe

f Dh allter vifum. t LiV. I. 28. § 44.

( 12 )

any meafures of policy which they can take
to obftrud: it, muft either deftroy the trade
of their own colonies, or break off their con-
ne6tion with them. If they attempt to do
this by force, they muft firfl: form an alli-
ance, and fettle the union of their mutual in-
terefts, and the eventual partition of the ef-
fedl of it : but this will prove a matter of
more difficulty, than can ealily be compail-
ed ; and under the difad vantages created
thereby, there will be much hazard of the
utmofi: effort of their united forces.

CHAP. I.

"The Necefjity of forming a State Office for-
adminijtering the biifinefs of the Colonies , and
the general com?7iercial interejis of our now-
extended dominions ; and the nature of fuch
difcujfed and defcribed.

^ O enable the Britifh nation to profit of

thefe prefent circumftances, or of the

future events, as they fhall fucceffively arife
in the natural proceffion of effedls, it is ne-
celTary, that the adminiflration form itfelf
into fuch eftabliihments for the diredion of

thefe

( 13 )

tbefe interefls and powers, as may keep then!
in their natural channel ; as may maintain
their due connedlions with the government ;
and lead them to the utmoft effed: they are
capable of producing towards this grand
point.

The firft fpring of this direction, the ba-
lls of this government, is the adminiftration
at home. If that department of admini-
ftration, which ihould have the diredtion of
thefe matters, be not wifely and firmly bot-
tomed j be not fo built, as to be zpra^ical; —
be not fo really fupported by the powers of
government, as to be an efficieiit adminijira-
tion ', all meafures for the adminiftration of
thefe intereils, all plans for the government
of thefe powers, are vain and felf-deluiive :
even thofe meafures that would regulate the
movements and unite the interefls under a
practical and efficient adminiftration ; will
become mifchievous meddling impertinen-
cies, where that is not, and muft either
ruin the interefls of thefe powers, or render
a breach of duty neceffary to the colonies,
that they may avoid that ruin.

That part of government, which fhould
adminifler this ^reat and important branch
of bufinefs, ought, in the iirfl; place, to be
the center of all information and application

from

( H )

from all the Interefts and powers whicli form
it j and ought from this center, to be able^
fully, uniformly, and efficiently, to diftri-
bute its dired'ions and orders. Wherever
the wifdom of ftate fhall determine that this
center of information fliall be fixed 3 from
whatever department all appointments, or-
ders, and executive adminiftration fhall ifTuej
it ought fomewhere to be fixed, known,
of record, and undivided. That it may not
be partial, it ought to extend to all times,
and all cafes. All application, all commu-
nication, all .information fhould center im-
mediately and folely in this department : this
fliould be the fpring of all nominations, in-
flru^lions, and orders. — —It is of little con-
i~equence where this power of admin ifcration
is placed, fo that the department be fuch, as
hath the means of the knowledge of its bufi-
nefs— is fpecially appropriated to the atten-
tion neceffary to it — and officially fo formed
as to be in a capacity of executing it. Whe-
ther this be a Secretary of State, or the Board
of Trade and Plantations, is of no confe-
quence: but it ought to be entirely in either*
the one or the other. V/here the power for
the diredion is lodged, there ought all the
knowledge of the department to center :
therefore all ofHcerSj civil or military, all fer-
vants of the government, and ail other bo-
dies or private perfons, ought to correfpond

immediately

(15 )

immediately with this department, whether
it be the Secretary of State or the Board of
Trade. While the military correfpond with
the Secretary of State -, the civil in one part
of their office, with the Secretary of State,
in another vs^ith the Board of Trade -, while
the navy correfpond in matters not merely
naval, with the Admiralty ; while the engi-
neers correfpond with the Board of Ord-
nance j officers of the revenue with the fe-
veral boards of that branch ; and have no
communication with the department, which
has, or ought to have, the general dired:ion
and adminiflration of this great Atlantic and
American, this great commercial intereft.
Who will be the perfon that can colled: ;
who does, or ever did colledt, into a one view,
all thefe matters of information and know-
ledge ? What department ever had, or could
have, fuch general dirediion of it ; as to
difcufs, compare, rectify and regulate it, to
an official real ufe ? In the firfl place, there
never was yet any one department form'd
for this purpofe : and in the next, if there
was, let any one acquainted with bulinefs
dare to fay, how any attempt of fuch de-
partment would operate on the jealoufies of
the others. Whenever, therefore, it is
thought proper (as moll certainly it will,
fome time or other, tho' perhaps too late) to
form fuch department ; it mufl (If 1 may

Co

( i6 )

fo exprefs myfelf ) be fovereign and fupreme^
as to every thing relating to it : or to fpeak
plainly out, miiji be ajecretary of Jlates'^ of-'
fee in itfef When fuch is form'd j altho'
the military, naval, ordnance, and revenue
officers, (liould correfpond, in the matters
of their refpediive duties, with the depart-
ments of government to which they are more
immediately fubordinate and rcfponfible ;
yet, in general m.atters of information, or
points which are matters of ftate> and the
department of this ftate office ; they fhould
be inftrudied to correfpond and communicate
with this minifter. Suppofe that fome fuch
minifter or office now exifted ; is it not of
confequence, that he fhould be acquainted
with tne Geography of our new acquifitions ?
If, therefore, there have been any actual far-
veys made of them ; fhould not fuch, or
copies of fuch, be fent to this miriiiler or
office ? If a due and official information of
any particular condudl in our colonies, as to
their trade, might lead to proper regulations

* An office of Secretary of State for the plantatioris
in America, was ere6led fince the writing of the above,
1 764. But as it was fown in jealoufy ; fo, in proportion
as it arofe in power, the refiftance of cabinet faftion ob-
ftru(Sled it at home, and nurfed up oppofition to it abroad.
To this an imprafticable line of condudl, miftaken for
fyftem, and an unhappy tone of government mifunder-
ftood for firmnefs, gave ample fcope; fo that the laft ftate
of this unfortunate department became worfe than the
firft. 1772.

I therein.

( 17 )

therein, or might point out the neceffity of
a revifion of the old laws, or the making
further provifion by new ones ; would it
not be proper that the cuftom-houfe officers,
fettled there, fhould be direfted to corre-
fpond and communicate with this minifter,
or office, on thefe points ? Would it inter-
fere with their due fubordination, (as officers
of the revenue,) to the commiffioners of the
cuftoms ? If there were any events arifing,
or any circumftances exifting, that might
affed: the flate of war or peace -, wherein the
immediate application of military operations
were not necelTary or proper; fhould not the
military and naval officers be dire<fted to
communicate on thefe matters with this mi-
nifter, or office ? Should not, I fay, all thefe
matters of information, come officially be-
fore this minifter, if any fuch flate minifler,
or office, was eflablifhed ?

As information and knowledge fhould cen-
ter in one office; fo alfo the power of execut-
ing, fhould fpring from one undivided de-
partment. Where the power of nominating
and difmiffing, (together with other powers,)
is feparated from the power of directing ;
the firfl mufl be a mere privilege or perqui-
lite of office, ufelefs as to the king's bufinefs,
or the interefl of his colonies ; and the lat-
ter mufl be inefficient. That office, which

Vol. I. C neither

( i8 )

neither has the means of information, nor
can have leifure to attend to the official know-
ledge produced thereby, when fuch infor-
mation is directed to it -, nor will be at the
trouble to give any official directions, as to
the ordinary courfe of the admmiilration of
the American matters ; muft certainly be
always, as it is, embarraffed v/ith the power
of nomination, and fetter' d with the chain
of applications, which that power drags after
it. On the other hand, what effe6t will any
ioilrudiions, orders, or diredions, have from
that board, which has not interefl: to make
or difmifs one of the meaneft of its own of-
ficers. This, which is at prefent the only
official channel, will be defpifed : the go-
vernors, nay, every the meaneil of the of-
ficers in the plantations, looking up folely
to the givhig power ^ will fcarce correfpond
with the direBing — nay, miay perhaps con-
trive to make their court to the one, by paf-
fmg by the other. And in any cafe of im-
proper condud; of thefe officers, of any ne-
gled: of duty, or even of mifdemeanour ;
what can this directing power do, but com-
plain to the minifler who nominates, againft
the officers appointed by him ? If there be
no jealoufies, no interfering of interells, no
com^petitions of interfering friends, to di-
vide and oppofe thefe tv/o offices to each
other; if the minifter is not influenced to
continue, upon the fame rriotives upon which

he

( 19 ;) "

he firil appQinted j if he does not fee thefc
complaints in a light of oppoiition to' liis
nomination and interefc; feme redrefs may,
after a due hearing between the party and the
office, be had — the authority of the board
may be flipported -, and a fort of remedy
applied to the fpecial bufinefs ; but a reme-
dy, worfe than the difeafe^ — a remedy that
difhonoars that board j and holds it forth to
the contempt of thofe, whom it ought to
govern.

It is not only from the natural impradi-
cability of conducing this adminiflration
under a divided ftate of power and diredion,
that the neceffity of forming a fome one
-ftate office, or minifter of flate, arifes ^ but
the very nature of the bufmefs of this de-
partment, makes the officer who is to admi-
nifter it a fS:ate officer -, a minifter for that
department 3 and who ought to have imme-
diate accefs to the clofet. I muft here re-
peat, that I am no partizan of the Secretary
of State's office, or for the Board of Trade :
I have ceafed to have any conneilion of bu-
hnefs with either, and have not the leaft de-
gree of communication with the one or the
other. Without reference, therefore, to ei-
ther, but with all deference to both, I aim
to point out, that the dcpitrtment of the ad-
miniftration of Trade and Plantations, be it
C 2 lod;?ed

( 20 )

lodged where it may, fhould be a State of-
fice, and have a minifler of ftate. That of-
fice, or officer, in a commercial nation like
this*, " who has the cognizance and direc-
** tion (fo far as government can interfere)
'* of the general trade of the kingdom —
** whofe duty it is to be the depofitory and
*' reporter of the ftate and condition of it ;
** of every thing which may advance or ob-
** ftrud: it, of the ftate of manufactures, of
" the fisheries, of the employment of the
** poor, of the promoting the labour and
*' riches of the country, by ftudying and ad-
** vifing every advantage, that can be made
^* of every event which arifes in commercial
" politics, every remedy, which can remove
*' any defed: or obftrudtion 3 — who is offici-
** ally to prepare every proviiion or reviiion
** neceftary in the laws of trade, for the
*' confideration of parliament ; and to be
" the condudtor of fuch thro' the neceftary
** meafures" — is certainly an officer of ftate,
if the Secretary of State, fo call'd, is. That
office, or officer, who has " cognizance and
** direction of the plantations in every point
** of government, in every matter judicial
** or commercial ; who is to dired: the (tt-
" tlements of colonies, and to fuperintend
** thofe already fettled; who is to watch the

: *■ Abftra<a of the conimiflion of the Board of Trade.

6 *' planta-

( 21 )

*' plantations in all thefe points> fo far as
" they ftand related to the government,
** laws, courts and trade of the mother
*' country" — is certainly an officer of ftate,
if the Secretary of State, fo called, is. That
office, or officer, who is " to report to his
** Majefty in council on all thefe points;
*^ whofe official ^^^, or negative, v/ill be his
** Majefly's information in council, as to
" the legillature in the colonies" — is cer-
tainly an officer of ftate. That office, or
officer, who is "to hear and determine oa
'* all matters of complaint, and mal-admi-^
" niftration, of the crown officers and others,
" in the plantations ; and can examine wit-
** nelTes on oath" — is furely an officer of
ilate. " That office, or officer, who is to
'* correfpond with all the fervants of the
*' crown on thefe points, and to be the if-
** fuer of his Majefty's orders and inftruc-
*' tions to his fervants, on thefe many, great,
** and important points of ftate"-— is cer-
tainly his Majefty's fecretary, and certainly
a fecretary of ftate.

But if it be coniidered further, who the
perfons are, that are of this very great and
extenlive commifficn of the Board of Trade
and Plantations ; namely, all the great offi-
cers of ftate for the time being ; with the
biihop of London ; the fecretaries *of ftate
C 2 > for

( 22 )

for the time being ; and tiiofe more efpe-
ciaily called the commiffioners of trade ; it
v/ill be feen, that it is no longer a doubt or
a queftion, as to its being an office of ftate :
it is actually fo ; and has, as an office, as a
board, immediate accefs to his Majefly in
council, even to the reporting and recom-
mending of officers. This was the plan
whereon it was originally founded, at its firil
inilitution, by Lord Sommers.

That great ilatefman and patriot. faw that
all the powers of government, and feveral
departments of adminiilration difunited,
were interfering v/ith, and obflrudling each
other on this fubjedi: : and not they only here
in England ; but that the refpedtive officers
of thefe feveral departments, carried all this
diilradion into the detail of their bufinefs in
the colonies -, which I am afraid is too much
the cafe even at this day : he faw that this
adminiitration could not be conduced but
by an intire union of all the powers of go-
vernment ; and on that idea formed the
board of trade and plantations -, where, and
where alone, thefe powers were urn ted in a
one office. In which office, (and in v^diich
alone,) all the bufmefs of the colonies ought
therefore to be adminiil:red : for if flich union
be neceffary, here alone is that official union.
Unhappily for the true intereft of govern-
ment

( 23 )

ment partly from an intire negled: of this
adminiftration in time pail, and partly from
the defecftive partial exercife of it, fince fome
idea of thefe matters began again to revive :
this great and v/ife plan hath been long
difufed.

The only qneflion at prefent is, who
fhall be the executive officer of this depart-
ment of itate ? whether the fecretary of
ilate, properly fo called 5 or the firft lord,
and other commiffioners, properly called the
board of trade j or whether it fhall remain
divided, as it is, between the feveral great
departments of adminiitration ; or whether
fome more oficial and praBical divifion of this
adminiftration, may not be 7nade ?

It cannot lie in the board of trade, pro-
perly fo called, until it be found proper, and
becomes a meafure of government, to eretfl
that board into a fecretary of ilate's office for
this department. That, therefore, the great
bulinefs of trade and plantations, may not
run into confulion, or be at a (land — that it
may be carried to the eifed: propofed, held
forth, and delired by government, and ne-
ceflary to it ; all that can be done * at pre-

* 1764.

C 4 fent

fent is, to put the whole executive admini-
ilration, the nomination, correfpondence,
iiTuing of inftru(5lions, orders, &c. under the
two fecretaries of flate ; if they have leifure
to attend to it, and can undertake it : and to
make the board of trade, a mere committee
of reference and report : inftead of reporting
to the king in council, to report to this uni-
ted office, who fhall lay the matters before
his Majefly, and receive and iffue his orders
—who fhall refer all matters to this com-
mittee, for their confideraticn ; and fhall
conduct through the legiilature, all mea-
fures necefTary to be determined thereby.
If this be not pradicable ; there is no other
alternative, than to do diredly what ought
to be done, and what, fome time or other,
mufl be done ; the making the officer who
conduds this department, aminiflerfor that
department ; with all the powers necefTary
thereto. For until a pradiical and efficient
admin iflration be formed ; (whatever the
people of this country may think 3) the peo-
ple of the colonies, who know their bufinefs
much better than we do, will never believe
government is in earneft about them, or
their intereft ; or even about governing
them : and will, not merely from that rea-
foning, but from neceffity of their circum-
flances, a(ft accordingly.

Unti:

( ^5 )

Until an efFedive adminlitration for Co-
lony affairs be eftablifhed by government ;
all plans for the governing of thofe coun-
tries, under any regular fyftem of policy,
will be only matter of fpeculation, and be-
come mere ufelefs opprobrious theory. All
official information given and tranfmitted by
thofe whofe duty it is to give it ; will, as
accident Ihall decide ; or as the connexions
of parties (hall run ; be received or not : nay,
it may fo happen, that thofe officers who
ihould duly report to government the ftate
of thefe matters ; will, as they find them-
felves confcientioufly or politically difpofed j
dired: that information to thofe who are in,
or to thofe who are out of adminiftration.
Every, leader of every little flying fquadron
will have his runner ; his own proper chan-
nel of information : and will hold forth his
own importance in public, by bringing h's
plaii for American affairs before it, AH
true and regular knowledge of thefe affairs,
being difperfed, will be evaporated : every
adminiftration, even Parliament itfelf, will
be diftradled in its councils, by a thoufand
odds and ends of propofals ; by a thoufand
pieces and parcels of plans -, while thofe
furely, who are fo deeply concerned as the
Americans themfelves are, will not be ex-
cluded from having their plan alfo : they

will

{ 26 )

will have their plan alfo : for however peace-
ably they may fubmit to the diredlion of
the pov/ers of government, derived through
a regular edabliihed permanent mode of
adminiilration, they will by any means that
they can juftify, refufe to have their inte-
refis dired:ed and difpofed of by every whim
that every temporary empiric can force into
execution. If therefore v/e mean to govern
the Colonies ; we mull previouily form at
home, fome prad:ical and efficient admini-
fcration, for Colony affairs.

Before the erection of the Board of Trade
as a particular office ; the bufmefs of the
Colonies was adminiftered v/ith efficiency :
the king himfelf- in council, adminiftered
the government of his Colonies : the fcate
officer, each in his proper department, was
no otherwife Miniflier, than as rniniiterially
executing the orders v/hich he received ; or
officially reporting from his refpediive de-
partment, the information which he had to
lay before the king in council. Since the
eftabiiiliment of that office, called the Board
of Trade ; the adminiflration of the Colo-
nies, has either lain dormant, or been over-
laid : or, if taken up, become an occaiion
of jealoufy and ftruggle for povi^er, betv/een
that Board, and every flate officer who hath
J been

( 27 )

been deemed the Minifier for . the time be-
ing. From this jealoufy, and this ftruggie,
this Board hath been fuppofed to interfere at
different times with every other office j while
at one time it hath had the powers, and
held the port of a minifter's office ; and at
another, hath become a mere committee ; in-
efficient as to execution ; unattended to, as
reporting. The Colonies, and the officers
of the Colonies, have one while been taught
to look up to this Board, as the Minifier for
their affairs : and at another, have learned
to hold it/in that contempt, which ineffici-
ency gives ; which contempt, however, hath
not always flopped there.

To prevent, on this critical occafion, all
llich appearances on one hand, from mif-
leading thofe who are to be governed ,• and
to put an end on the other, to all interfering
'anior.gfl thofe vv^ho are to o-overn in this line
of bufmefs— The Board of Trade fiiould
either be made what it never was intended
to be, a Secretary of State's office for the
Plantations; or be confined to Vv^hat it really
is, a committee of reference for examination
and report, for flating and preparing bufiriefs ;
while the affairs of the Colonies fhoold be
adminifired folely by the King in council,
really acling as an efficient board for that

purpofe.

( 28 ) •

ptrrpofe. Somewhere there ought to be art
efficiency ; and in this fupreme board, is the
proper relidence of it. To place it herCj
would be really, and in fad:, the eftablifhing
of an adminiftration for colony affairs.

CHAP. IL

Leading meafiire propofed whereby to colleB
fuch real information of the general fiat e oj
things i and of the temper of men^ in the
Colonies, as may become the bafs of an in-
telligent and praBical ofice. T'he two pil-
lars of which are. A bill of rights ; and a
general aEi of commerce form the aSlual ex-
ifiing interefis of the Jeveral parts of the
Britijh domi?iions united in one commercial
fyfiem.

TH E firft ilep that fuch adminiftration
would take, to fix the bafis of an efla-
blifhed, permanent, and effedlive fyftem of
government, for the mother country and the
Colonies, mull: be made by fome leading
nieafure, which fhall, on real fad:, and by
adtual reprefentation of the parties concern-
ed.

( 29 )

ed, examine into the various interefls which
have arifen j the various claims which are
derived from thofe interefts ; and the va-
rious rights that may, or may not, be ad-
mitted, as founded on thefe ; and as con-
iiftent with the general government and in-r
terefl of the whole.

To obtain this with truth and certainty ;
and to engage the coloniils to co-operate in
this view, with that confidence which a free
people muft have, if they co-operate at all —
government would fend out to America,
fome very conjiderable perfon *, under commif-
lion and inll:rud:ions to hear and examine
on the fpot, the flate of things there ; and
by fuch proper reprefentations and alliftance,

as

* The whole of this meafure as now here printed in all
its parts, was, in the year 1766, propofed to his Royal
Highnefs the Duke of York — by the author of this book.
It was propofed that he fhould go out in his proper line
of fervice, as commander in chief of the fleet in Ame-
rica : That under this charatSler he might be charged with
commiiTion and inftrucSions to the purport herein defcrib-
ed. His Royal Highnefs very fully comprehending the
fcope of the meafure in the whole extent of its opera-
tions, thoroughly weighing and convinced of its practi-
cability and utility : warmed at the fame time with that
noble incentive, the ambition of gaining real glory by
doing real good, and feeling a zeal for the king's fervice*
engaged to undertake it — if the minifter fiiould adopt it,
and his Majefty approve of it. On thefe grounds he

authorifed

( 3° )

is can no where be had but upon the fpot,
and ' from the people themfeives 3 to form
fuch authentic matter of information, for the
king in council j as may become the foiid
bails of real governmcfttf eflablilhed by the
principles of real liberty.

To fuch confiderable perfon, and to fach
commiffion, only, would the colonifts give
their confidence : they v^^ould know that
theref there was no fpirit of party or faction j
that there there could be no jobb— -They
would be convinced that government was in
earneft ; and meant to ad fairly and honour-
ably with them. They would meet fuch
perfon in the abundance of their loyalty,
with difpolitions of real bufinefs in their
temper, and with the fpirit of real union in
their hearts.

What commiffion could be more honour^
able and glorious, even to the higheft cha-
rad;er, than that of ad:ing for the rights
and liberties of a whole people, fo as to be
the means of eftablifhing thofe rights and

authorifed governor Pownall to open the matter to the
minifter : governor Pownall aflced an audience of that
rninifter — The propofal was how^evel" rejeiled, at the
firft opening of it. It was therefore, I fuppofe, never
nientioned to the king.

liberties.

( 31 )

liberties, by an adequate fyilem of freedom
and government, extended to the whole ?
What can be more fuited to the moft ele-
vated character, than to be the great recon-
ciler between the mother country and her co-
lonies, mif-reprefented to, and mif-inform-
ed of each other ?

I am almoll certain that this meafure will
not be adopted — that it will be, as it has
been already, rejected — that there never will
be ally fyftematical union of government,
between the mother country and the colo-
nies— that the opportunity, when fuch might
be eilabli£hed on true principles, will be ne-
gledied— and that the courfe of buiinefs will,
on this occaiion, be, as the hiftory of man-
kind informs us it always has been -, that
thofe errors which might be re6tified by the
fpirit of policy, will be permitted to go on
piling up one mifchief over another -, until
nothing but power can interpofe : which will
then interpofe, when the fpirit of policy is no
more. The mother country and her colonies,
will continue to live on in perpetual jealoufies,
jarrings, and difputes. The colonies, will
for fome time belong to forne faBion here, and
be the tool of it ; until they become power-
ful enough to hold a party for themfelves ;
and make fome faSiion their tool. The lat-

C 8 ter

( 32 )

ter ftage of this miferable conneflion, will
be one continued flruggle, whether Great
Britain fliall adminifcer the rights and inter-
efts of the colonies, or whether the intereffc
and power of the colonies fhall hold a part
and take a lead in that adminiflration which
ihall govern Great Britain. This convul-
iion may agitate for a while ; until fome
event fhall happen, that will totally break
ail union between us, and will end in the
ruin of the one or the other, juft as the ac-
cident of the die fhall turn.

Although I am convinced that this will
be the ftate of things, yet, as I know that
what I have here recommended, is founded
on precedents of better and wifer times than
the prefent; is not founded barely on my
own experience, but in that of men who
have long had the lead of bulinefs in thofe
countries ; is what everv true friend of the
colonies, who lives and has his property
there, would recommend 3 what every man
of buiinefs here, who wifhes well to the go-
vernment of Great Britain, muft approve y
I * now propofe it to the public as a mea-
fure, of which if adminiftration fliould
negled:, or refufe to take the lead, the
public may be apprifed that the colonies

. • * 1768.

will

( 33 )

will profit by thofe means of communica-
tion with one another, and by thofe powers
which their eonftitutions and eftabliiliments
give them for the prefervation of their civil
and commercial intereils : yet, taking it up,
as a meafure, (which, for the fake of Great
Britain, I wifh adminiftration to adopt,) I
fay, government fhould fend out fome con-
fiderable perfon ; with a council to affifc
him ; under a commiffion and inilrudions ;
to call a congrefs of commiffioners from the
feveral colonies. — He fhould have power,
and be inftrud:ed, to call to his aid and af-
iiflance, the governors, or any other his Ma-
jefty's fervants, as occafion fhould require.

By the reprefentations and affiftance of
this congrefs and thefe perfons ; he fliould
inquire into the aSiual ftate of the crown's
authority, as capable of being executed by
the King, and by his governor, and other
the immediate executors of the power of the
crown.

He fhould inquire into the extent of the
exercife and claim of the legiflative powers %
and examine difpafhonately, and Vvdthout
prejudice, on what grounds of neceili ty or
expediency, any precedents^ which ftretch

Vol. L D beyond

( 34 )

beyond perhaps the ftrid; Une of the com-
miffions or charters, are founded.

He fhould inquire into the ftate of their
laws, as to their conformity to the laws of
Great Britain : and examine the real ftate of
the fad:s or buiinefs, which may have made
any deviation necellary, or not.

He fhould examine into the poivers and
pra6:ice of their courts of judicature— whe-
ther, on one hand, they have not extended
their authority beyond their due povv-ers ; or
whether, on the other hand, they have not
hQQu. retrained, by inftrudtions, or by the
adts of the colony legillatures, within bounds
too narrowly circumfcribed, to anfwer the
ends for v/hich fuch courts are ered'ed.

He fhould, (which can only be known
upon the fpot,) inquire into and examine the
a6tual ilate of their commerce—that vv^here
it deviates unneceffarily from the laws of
trade, it may be reflrained by proper regu-
lations—or, where the lav/s of trade are
found to be inconiiflent with the interefl: of
a commercial country, having colonies which
have arifen from, and depend upon trade ; a
revilion may be made of thofe laws, fo as
' that the fyflem of our laws, may be made

5 ^o

{ 35 )

to conform to the fyflem of our commerce^

and not defcrudive of it.

It has been often fiiggerted, that care fhould
be taken in the adminiHration of the plan-
tations, left in fome future time thefe colo-
nies fhould become independent of the mo-
ther country. It may be proper on this
occaiion, nay, it is juftice to fay it — that if
by, the expreffion, becoming independent y is
meant a revolt, nothing is further from their
thoughts. If a defedion from the alliance
of the mother country be fuggefled, it ought
to be, and can be truly faid, that their heart
abhors the verv idea of fuch. Their at-
tachment to the proteftant fucceffion in ^siq
houfe of Hanover, will always ftand un-
fliaken. And nothing can eradicate from
their hearts *, their natural, almoft mecha-
nical affedtion to Great Britain; v/hich they
conceive under no other image, nor call by
any other name than that of Jjome. ' Besides
the merchants are, and mufl ever be in
great nieafure, allied with thofe of Great
Britain; their very fupportconfjiis in this al-
liance, and nothing but falfe policy can
break it. If the trade of the colonies tse
Droteded and direded from hence, in the
true Ipirit, rather than the letter of the a6t
of Navis^ation ; with that foirit under which

* This was written 111,1^64.

D 2 ' it

( 36 )

it hath rifen : no circumRances of trade
could tempt the colonifts to certain ruin un-
der any other connedtiojns. The liberty and
religion of the Britilli colonies are incom-
patible with either French or Spaniin go-
vernment; and they know full well that they
cannot hope for that liberty which they now
Ciijoy, as colonies under a Dutch one. Any
fucli iiiggeilion therefore, is a falfe and un-
jull afperfion on their principles and aiFec-
tion I and can arife from nothing but air en-
tire ignorance of their circumf lances. Yet
again, on the other hand, while they remain
under the protediion of the mother country y
while they profit of die beneficial part of its
trade ^ v/hile their attachment to the mother
country is. inviolate j it may become proper to
inquire whether they may in fome inftances
become and adl independent of t\iQ govern-
ment and laws of the mother country : if
any fymptoms ihould be found, either in
their p-overnment courts or trade, perhaos
it may be thought high time, even now
[1764] to inquire how far thefe colonies are
cr are not arrived, in thefe cafes, at an in-
dependency of the government of the mo-
ther country. — If any meafure of fuch inde-
pendency, formed upon precedents unknown
to the government of the mother at the time
they were formed, fliould be infilled on ;
perhaps it may be thought, that no time

fl:iould

( 37 )

lliould be loft, to remedy or redrefs thefe de-
\'iations, if any fuch be found j or to re-
move all jealoufies arifmg from the idea of
them, if none fuch really exifl.

Under all thefe various heads, he may
hear all the grievances vv^hich the officers of
the crown on one hand, or the people on
the other complain of.

He Ihould, with the affiflance of his coun-
cil, take under coniideration the general ilate
of the delegation and adminiftration of the
pov/ers of the crown, as they are granted by
the feveral boards here in England to offi-
cers of different kinds, under their refpec-
tive departments : he Ihouid inquire upon
the fpot, and amidf!: the perfons and things
themfelves, where thefe powers are meant to
have their effeft, how they do in facSl ope-
rate and co-ordinate to any general fj/fcem of
adminifcration. If upon any fuch revifion
of the commiflions, compared with the
duty to be done, he fhall find that thefe
powers are granted without any general
concert : without any reference to that co-
incidence which they ought to have as of a
one power centered in and deriving from
the crown : if he fhall find that the fevera]
ofiices and ofHcers in America, though all
branches of on? flem, are by mifchievous
D 7 rival ihip

(38 )

rivalfliip of departments in England, per-
petually croffing and obftrudiing each other :
if he ihall find them alternately to obflirud:
and to depreciate that part of the crown's
power, which does not fall within their own
delegation : if he fhall find that while the
feveral powers of the crown are thus by
parts impeached, and rendered contemptible
in the eyes of the people, the v/hole cannot
long remain with that authority which fhould
exert an equal and univerfal adminifliration
throuffhout the colonies : if he fhould find
this to be the fliate of things, he cannct
be at a lofs what report to make. Nor will
his Majeily and his council (if a ferious
intention fhould arife of putting the admini-
flration of the colonies on a pracflical and ef-
ficient footing) delay one moment to reflore
all thcfe delegations of povv^er to their true
order and fa bo rdination, fo that they may
form a fyilem of adminiilration, uniform,
equable, and un^verfaL

He fliouid inquire into the Hate of the
King's revenues, his lands, his naval flores :
and he fhould review the ftate of the military
fervice, the forts, garrifons and forces.—-
With the afiiftance of proper commiflioners
from the provinces and colonies concerned 5
he fhould fettle the feveral difputes of the
colojiics aiTQongfl: themfelves, particularly as

to

o

9 )

to their boundary lines : he Ihould alfo in-
quire into all fraudulent grants of lands.

All thefe matters, duly examined and in^
quired into, a report of the v/hole buiinefs,
fhould be drawn up ; and being authen-
ticated by the original documents, which
he will there procure, fhould be laid be-
fore the King in council : Thofe points
which were of the ipecial department of
any of the boards or offices under govern-
ment, would be referred from thence to
thofe refpedtive offices, for them to report
their opinion upon the matter. — And v/hen
the whole, both of matter and of opinion,
V7as by the moil authentic reprefentations,
and by the beft advice, thus drawn together }
the King in council would be enabled to
form, and by and with the advice and au-
thority of Parliament to eflablifli, the only
fyftem of government and commercial laws,
v/hich would form Great Britain and her
colonies into a one united commercial do-
minion.

If this meafure be adopted 5 a general bill
of rights, and an ad: for the eftablifliment
of government and commerce, on a great
plan of union> v/ill be brought forward :
the colonies will be conlidered as io many
D ^ ' ' corporations.

( 4<^ )

corporations, not without, but united to
the reahii : they will be left in all the free
and full polTeffion of their feveral rights
and liberties, as by charter, or commif-
Hons given : yet, for every power which
they exercife or polTefs, they vv-ill depend
upon the government of the whole ; and
upon Great Britain as the center. Great
Britain, as the center of this fyftem, (of
which the colonies by adiual union, fhall
become organized, not annexed parts^) mufl
be the center of attracftion, to which thefe
colonies, in the adminiflration of every power
of their government, in the exercife of their
judicial powers, in the execution of their
laws, and in every operation of their trade,
mufl tend. They will remain under the
confliant influence of the attradion of this
center : and cannot move, but that every
dired:ion of fuch movement, will converge
to the fame. And as it is not more necef-
fary to preferve the feveral governments
fubordinate in their refpedive orbs j than it
is effential to the prefervation of the whole
empire, to keep them difconneded and inde-
pendent of each other, t/jey muft be guai'ded
by this zf.mo72j agaiiiji having or forming any
pri?jcipk oj coherence with each other, above
that whereby they cohere to this center, this
Jirjt mover. They fhould alway remain in-
capable

( 41 )

capable of any coherence : or of fo con-
fpiring amoiigft themfelves, as to create any
other equal force^ which might recoil back
on this firfl: mover. Policy, ading upon a
fyftem of civil union, may eafily and con-
ftitutionally provide againil; all this. The
colonies and provinces, as they fland at pre-
fent, are under the bed form as to this point,
which they can be under — They are under
the beft frame and difpofition, for the go-
vernment of the general and fupreme power
(duly applied) to take place : having at
prefent no other principle of civil union
betv/een each other ; than that by which
they naturally are, and in policy iliould be,
in communion with Great Britain, as the
common center of all. The different man-
ner in which they are fettled ; the different
modes under which they live ; the differ-
ent forms of charters, and frames of go-
vernment they poifefs ; the various prin-
ciples of repullion that thefe create ; the
different interefts which they actuate ^ the
different religious interefhs by which they
are actuated ; the rivalihip and jcaloulies
which arife from hence j and the imprac-
ticability of reconciling and accommodating
thefe incompatible ideas and claims ; will
keep them for ever fo, fo long as the fpirit
of civil policy remains, and is exerted to the

forming

( 42 )

forming and maintaining of this fyflem of
union with the mother country and its go-
vernment.

The Romans as long as they governed
their provinces by the vigour of policy,
fecured and preferved them in their depen-
dence to the fcate. Let us fee what that po-
licy was. I will produce two inftances, one
in Italy, the other in Greece, " Cceterum
*' habit art tantuni:, tanquam urbem Capuam
" frequentariqiie placuit : corpus nullum cinji-
** tatis nee Senat::s, nee pie bis coneilium, nee
^' magijiratiis ejfe i fi/ie concilio publico, fine
*^' imperio, niultitudinejn nullius rei inter fe
'^ Jhcicin ad concenfum inhabilem fore *."
The other is as follov/s. After the Romans
had mlix^j overcome Perfeus, and reduced
all Macedonia, they reilored it to a certain
degree of liberty 5 but to difarm that li-
berty of all power of revolt, they divide
Macedon into four provinces ; not barely
by boundary lines, and geographical di-
ftindions, but by diffevering and feparating
their interefts, " Divifse Macedonia, par-
"^ tium ufibus feparatis, & regionatim com-
'* merciis interruptis '\,

When I recommend thefe precedents to

-^ Liv. lib. 26. §, 16. t Liv. lib. 45. §. 30.

the

( 43 )

the- Vv^fdom of government^ in order to pre-
vent any union of the feveral communities
of colonies and provinces fettled in Ame-
rica, independent of the kingdom of Great
Britain — and to render abortive all feeds of
an imoeriuin that mi<jht extend over the
whole i it cannot 1 hope be mifunderftood
as if I recommend this lyllem of policy in
adminifcring the government of each refpec-
tive community within itfelf and its own
internal powers of jurifdid:ion 3 as though
I recommended a diffolution of their re-
fped:ive charters and other eirablifliments of
government^ as though I recommended that
they fhould have within themfelves no cor-
porations, no legillature; that they fhould
remain without an imperium, v/ithout ai
common council i—r-whereas on the contrary
—the whole fcope of this book aims fo to
explain, as to recommend the prefervation
of their rerped:ive conftitutions in the full
ufe and exercife of their rights and privi-
leges, on the grounds of juftice and policy.
But I do hooe and trufl it will be under-
ftood as i mean it, as a caution againll; the
laying the foundation of an American Impe-
rhim^ feparate and diftincl from the kingdom
of Great Britain,

pn the other hand, I do think an union

of

( 44- )

of all the Britifh fettlements in America
into a one Imperium with the kingdom of
Great Britain, to be not only the fyflem of
the Britifh dominions as grounded in true
policy, but as adualiy exifling by their com-
, munion in fadt.

However vifionary this may feem to thofe
who judge by parts, and act by temporary
expedients ; if any truly great miniflers,
fhall ever take up the adminiflration of the
colonies as a fyftem, and fhall have a ^^x\^-
ral pradiical and adequate knovf ledge of fuch
fyftem, as interwoven in that of the mother
country, they will find this meafure pru-
dential, if not a neceffary one ; as leading
to that great and abfolutely neceffary mea-
fure, of uniting the Colonies to Great Bri-
tain as parts of the realm, in every degree
and mode of communication, of its rights
and powers : and until fome fleps are taken
which may lead and approach to this fyflem
of union, as the interefl and power of the
Colonies approach to the bearing of a pro-
portion of power and interefl with that of
Great Britain ; the real intereO: of Great
Britain and her colonies, will continue to
be very inadequately and very unhappily ad-
miniflred : while the bufinefs of the Colo-
nies il:iall in the mean time become a fac-
tion.

■ ( 45 )

tion, inflead of a conftitutional part of the
adminirtration.

The center of power, inftead of remain-
ing fixed as it now is in Great Britain ; will,
as the magnitude of the power and intereft
of the Colonies increafes, be drawn out from
the ifland : this efFed: will arife from the
operation of the fame laws of nature, ana-
logous in all cafes, by which the center of
gravity in the folar fyftem, now near the
furface of the fun, would, hj an encreafe
of the quantity of matter in the planets, be
drawn out beyond that furface. Knowing
therefore the laws of nature, fhall we like
true philofophers follow, w^here that fyftem
leads, to form one general fyilem of domi-
nion by an u7iion of Great Britain and her
Colonies -, fixing, while it may be fo fixed, the
common center in Great Britain : or fhall
we, without ever feeing that fuch center mufl
be formed by an inter- communion of the
powers of all the territories, as parts of the
dominions of Great Britain 3 like true mo-
dern politicians, and from our own narrow
temporary ideas of a local center ; labour to
keep the feat of government within Great Bri-
tain by force, againil encreaiing powers,which
will, finally, by an overbalance from with-
outj, heave that center itfelf out of its place ?
^uch meafures would be almofl as wife as

his.

( 46 )

his, who Handing in a fcalCi {hould thrufi
his ftick up againil the beam to prevent it
from defcending, while his own weight
brought it the fafter dow^n. That poHcy,
which fhall ever attempt to conne61: the Co-
lonies to Great Britain, by poiver ; will in
that very inflant, conneft them to one a?!-^
other in policy.

CHAP. III.

^he meafure above adopted, it becomes necef^
fary to conjider the cir cum fiances under
which the firji emigratio7is to America took
place, and the nature of the firJi fettle-
ments of the Colonies. Of their rights as
derived, in faB and according to the proce-
dure of our govei^'jimejit, from thence,

"¥ F government fliall determine to form an
j{ adminiiLration efficient to the real pur-
pofcs of conilitutional policy -, the fpirit
of fuch government will thoroughly con-
fider the circumflances under which thefe
fubjedls went forth from the realm, and
fettled in partihus'exteris \ under what poli-
tical conftitutions they were ellablillied and

chartered.

( 47 )

cliartered ; and by what mode of adminl-
ilration their affairs have been or ought to
have been condudled by the king and go-
vernment of England.

When the lands of America were firil
difcovered; the fovereign of that fubjed, in
each particular cafe, v/ho difcovered them ;
either from a power given by the Pope, or
from fome felf-derived claim ; affiimed the
right of poffeffion in them. If thefe lands
were really derelid:, preoccupancy might
have created a right of polleiiion : yet even
in this cafe, fome further circumitances of
interconnection with that land ; fiich as the
mixinp- labour with it; muft attend that oc-~
cupancy, or the right would have been very
defed:ive. Where the lands were already
occupied by the human fp^cies, and in the
adiual poffeffion of inhabitants ; it v/ill be
very difficult to fhovv^ on v^hat true principle
or grounds of jiiflice, the Pope, or any other
chriftian prince, aimmed the right to f^ize
on, difpofe of, and grant away, the lands of
the Indians in America, purely, the divine
author of our holy religion, who declared
that his kingdom v/as not of this world, hath
not beoueathed to chriitians an exduFive
charter, giving right of polTefuon m the
lands of this world, even where the fupreme
Providence hath already planted inhabitants

in

( 48 )

iii the polTeiiion of it : and yet, abfurd, un-
juft, and groundlefs as this claim is ^ it is
the only claim, we Europeans can make ;
the only right we can plead. However; the
Englifh title, is as good as any other Eu-
ropean title ; and indifputable againll: any
other European claim.

Let us fee the firfl affumption and exer-
cife of this right in our government, con-
tained in the grant which Henry the Seventh

made to Cabot. Copy of the grant, as

it is a curious adl, is printed in the appen-
dix, N° II. — It contains a grant to Cabot,
and his fons, of power, to fet up the King's
ilandard in any lands, iflands, towns, vil-
lages, camps, &c. which he fhall difcover,
fio^ in the occupancy of any chi^ijiian power :
and that this Cabot, his fons, and their heirs,
may feize, conquer, and occupy any fuch
lands, iflands, towns, camps, or villages :
and as his liege valTals, governors, locumte-
nentes, or deputies, may hold dominion over
and have excluiive property in the fame.

As the Sovereigns of Europe did thus on
one hand aifume, without right, a predomi-
nant claim of poiTeffion, againfl the Indians
in thefe lands ; fo our Sovereigns alfo thus
at firft alTumed againfl law, an exclufive pro-
perty in thefe lands, to the precluficn of

th<,

( 49 )

the jurifdifiiion of the ftate. They calleij
them their foreign dominions : their demefne
lands in partibus exteris : and held them as
their own j the King's pofleffions ; not parts
or parcels of the realm, -f- " as not yet an-
** nexed to the crown." So that when the
■Houfe of Commons, (in thofe reiterated at-
tempts which they made, by paffing a bill
to get a law enabled for eftablifhing a free
right of fifhery on the coafts of Virginia,
New-England, and Newfoundland,) put in
the claim of the ftate to this property, and
of the- parliament to jurifdiftion over it ; they
were told in the Houfe by the fervants of
the crown, -f- " That it was not fit to make
" laws here for thofe countries which are
" not yet annexed to the crown," J *' That
*' this bill was not proper for this houfe, as
" it concerneth America." Nay, it was
doubted by others, " whether the houfe
" had jurifdidiion to meddle with thefe mat-
" ters." And when the houfe, in 1624,
was about to proceed upon a petition from
the fettlers of Virginia, to take cognizance
of the affairs of the plantations^ '' upon ||
" the Speaker's producing and reading to
" the houfe a letter from the king concern-

t Journal of the Houfe of Commoas, April 25,
1621.

t Ditto, April 29, 1621.
11 Ditto, April 29.

Vol. I, E ^* ing

( 50 )

" ing the Virginia petition; the petition^.
'* by general refolution, was withdrawn."
And although the bill for a free iilhery, to
the difannulling fome claufes in the King's
charters, palTed the houfe ; as alfo the houfe
came to fome very ftrong- refolutions upon
the nullity of the claufes in the charters ;
yet the houfe from this time, took no fur-
ther cognizance of the plantations, till the
commencement of the civil wars. Upon
this ground it was, the King conhdered
the lands, as his demefnes ; and the colo-
nifts as his fubjeds, in thefe his foreign do-
minions ; not his fubjeds of the realm or
ftate.

The plantations were fettled on thefe
lands, by the King's licence and grant : tlie
Gonftitutions and powers of government
were framed by the King's charters and
comniiffions : and the colonifts, underfland-
ing themfelves as removed out of the realm,
eonfidered themfelves in their executive and
legiilative capacity of government, in im-
mediate connexion and fubordination to
the King, their only fovereign lord.

In the fame manner as this ftate and cir-
cumfliances of a people migrating from, and
fettling in vacate countries, without, or out
of the territories of the realm, operated to

thQ

( 51 ).

the eliablifhment of the King's fovercignty
there ; (he having aflumedrarr excluiive right
to the property J ) in the fame manner it muil
and did necelTarily operate, to the ellabliih-
ment of the people's liberty, both perfonal
and political — They had either tacit or ex-
prefs permiflion to migrate from the realm ;
and to fettle in places oiit of the realm.
Thofe who fettled under charters, had, in
thofe charters, licence, by an exprefs claufe^
to quit the realm, and to fettle on lands out
of the j^ealm : as alfo acknowledgement that
they and their pofterity, were entitled to
enjoy all the liberties, franchifes, , and im-
munities, of free denizons and natural fab-
jed:s ', to all intents and purpofes, as if
they had been abiding and born within the
realm.

So long as they were conlidered as natural
born Englifh fubjed:s of the realm ; they
muft retain and poflefs, in the full enjoy -^
ment and exercife thereof, all the fame rights
and liberties in their perfons ; all the fame
franchifes and privileges m their property ;
that any other Englifh fubje6t did poflefs,—
If their freehold was part of any manor in
any county of the realm -, and that freehold
was worth forty fliillings by the year ^ fuch
freehold undoubtedly gave the pofTeiTor a
vote for the reprefentative of fuch county:
E 2 and

( 5^ )

and thefe rights muft give this fubjedt, this
freeholder ; claim to the fame participation
of council in the legiilative part of govern-
m.ent; to the fame communication of power
in the executive part ; the fame right to ad:
and trade ; as every other Engliih freeholder
had.

If by migrating from out the realm, the
colonifls ceafed to have participation ; (fuch
legiilative participation in the councils as the
Engliih freeholder hath ;) if they ceafed to
have communication in the offices, burthens,
and exercife of government; if being with-
out the realm, they ceafed to be bound by
laws made only for the internal regulation
and government of the realm ; if they
ceafed in future to be bound by laws where-
in they were not exprefsly named ; if they
ceafed to be under the protediion of thofe
laws which v/ere made, and thofe powers
and magiftracies which were created for the
prefervation of the peace within the realm ;
if they were (no matter how) feparated from,
participation of the benefits of our holy re-
ligion, according to the eftablillied church ;
and if the colonies at the fame time were
not parts or parcels of the realm j they un-
doubtedly ceafed to be fubje<fls of the realm.
But being by law, (both eftabliihed and na-
tural,) polTeffed of all the rights, privileges,

franchifeSj

{ 52 )

Iranchifes, and immunities, of a free-born
people— -no government lefs free than- that
which they had left, could, by any jufli li-
able power, be eftablifhed over or amongfc
them : and therefore when the king inter-
pofed his power, the colonics were efta-
blifhed, in a government, conformable to
the government of England. They had
power of making laws and ordinances, and
of laying impofitions, by a general aifembly,
or reprefentative legillature— the power of
erecting courts, and creating magiflrates ;
of the fame power and operations ; by the
fame modes and proceedings, inittatis inu-
-tandis x as were ufed in the .government of
England : nay, in feme cafes, by a mode
adapted to a democratic, and even eleftive
government. The adminiftrative and exe-
cutive part, had all the fame checks -, and
the legiilative all the fame powers and pri-
vileges : only reftrained from not acting
contrary to the laws of England. And up-
on the fame ground, thofe colonies, of
whofe firft fettlement the crown took no
care or cognizance ; (the colony of Ply-
mouth, II that of Maffachufetts, Providence
Plantation, and the colony of Connedicut,)
eftablifhed among themfeive.s the like powers
of free government.

Ij Vide Mr. Prince's Nev/-England Chronology ; and
Lt. Gov.. Hutchinfon's Hift. of Maffichufetts.

E 3 . Here.

( 54 )

Here we may venture to affirm, that if
the colonies were to be deemed without the
realm ; not parts or parcels of it ; not an-
nexed' to the crown of England, though the
demefnes of the King ; if the colonics by
thefe means ceafed to be fubjedts of the
realm, and the Parliament had no right or
]urifdid:ion to make laws about them -, if
the government of them refided in the King,
only as f/jeir fovereign, ^mn Rex ei prcejit, ^
ut caput ijiius popidi, non lit caput alterius
fopuli i they were certainly a people Jiii juris
• — ?2am mpermm quod in rege eji ut in capitCy
in populo ?nanet ut in toto, cujus pars ejl ca-
put: ^ and having an undoubted claim, by
the nature of their liberties, to a participa-
tion in iegiilature 5 had an undoubted right,
when formed into a ftate of government, to
have a reprefentative Iegiilature efiabliflied,
as part of their government : and therefore
when fo formed ^ being a body politic in
fad: and name, they had within themfelves,
(the King, or his deputy, being part,) full
power and authority, to all intents and pur^
pofes, both legillative and executive, for the
government of all the people, whether
Grangers or inhabitants, within their jurif-
4iBion j independent of all external direBion
or government 3 except what might conflii-

^ GroUiis de B. y P. lib. 2. r. 9. § 8.

^utionally

( 55 )

tutionaily be' exercifed by their fovereign
lord the King, or his deputy ; and except
their fubordination, (not allegiance) to the
government of the realm of England (ut al-
terius popidi.J They acknowledged them-
felves to be a government fubordinate to -
the government of England, fo that they
might juflly be reftrained from doing or be-
coming any thing repugnant to the power,
rights apd intereil of England— but held
their allegiance, as due only to their fove-
reign : therefore, (thefe premifes admitted)
as they did on one hand truly meafure the
duties of this allegiance, by the fame rights
and claims as the King's Englifh fubjects of
the realm did— fo on the other, did they
juftly maintain, that in every exercife of
their own rights, privileges and pov^ers, they
were free and independent of all controul ;
except what was interwoven into their con-
flitution, fo as to operate in the internal
movements of thefe powers -, or to be ex-
ternally exercifed by the legal powers, and
negative, refiding in the King their fove-
reign, or in his deputy.

They certainly v/ere not provinces in the
fimple idea of Roman provinces governed
by laws and pov^^er; not deriving from their
ov/n rights, and arifing within their own
government; but impofed on them by the
E 4 imperium

( S6 )

iff/per turn alterius populi, and adminiilered
under provincial officers commiffioned from
this imperium -, the power of which officers,
although it was, Vv^hen operating within the
jurifdidiion of the city^ no more than the
ordinary emanation of the principles of a
free fcate ; yet was abfolute as to the peo-
ple and government of the provinces, v/ho
were not in communion as parts participant
of that fyftem of power. Our colonies be-
ing each a body politic ; and having a right
to, and enjoying in fad:, a certain legiila-
ture ; indent rather with the cafe of the
Grecian colonies^ as ftated by Grotius, — Hue
7'eferenda & d'lfcejfio qu(^ ex confenfu jit hx co~
lonias, nam Jic quoque novus populus fid juris
nafcitur, 8 yep itti tw AsKoi, ^AA' stti t$
ciiQiQi hvai InTTSiJ.'TrovToLi. Ng?2 eiiim lit fer'vi
Jint fed tit pari jure fint diinituntur *. — Many
inflances may be colleded from Thucydides,
which v/ouid fhew that the dependence of
the colonies of Greece^ on their mother ci-
ties, was only the connexion of Fee-derates
acknov/ledging precedence , not the fubor-
di nation of fubjeds, acknowledging allegi-^
ance. This ftate and conftitution of colo-
nies may fuit a democracy, not extending its

* It fnould be remarked here, though Grotius has
omitted to do it, That this is a Pofition of the Locre-
aiis, 'a Colony of Corinth, obviating the Charge of
Revolt. 'Thucyd. Lib. i. c. 37.

imperium

( 57 )

imperium fo as to polTefs and govern exter-
nal dominions ; but I iliall confine myfelf
to the inftances and facfls of the Englifh pj'-o-
vinces, which indent more nearly with the
nature of the Roman Colonies, Civium Ro-
manorum juris Romania aut iatio jure do-
natas.

They were bodies corporate j but cer-
tainly not corporations, in the i^Yii^ of fuch
communities within the realm. They were
ereded into provinces ; had the jura rega-
lia. The Patentee, as the King's deputy, or
the King's governor (as part of their corifii-
tution, whether by commiffion or by char-
ter) Vv'as veiled with all the fame royal
powers v/hich the King hath in his palace,
both executive and legillative.

Thefe provinces were all, in the true fpi-
rit, intent, and meaning of the thing, coun-
ties PALATINE : and fome of them were
actual iy and exprefsly created fuch^.

The Caribbee lilands, granted by Charles
the firfc, in the third year of his reign, to
the Earl of Carlifle -, were ereded into a
c>rovtnce or county, by the name of The
Province of Carlifle -, " v/ith all and every
*' fuch like and fo large privilcgeSj jurifdic-
'^* lions, prerogatives, royalties, liberties,

7 " freedoms.

{ S8 ) ,

** freedoms, regal rights and franchifes v/hat-
'' foever, as well by fea as land, within the
*^ limits of the faid illands, to have, ufe,
** exercife, and enjoy, as any Biihop (ac-
** cording to the cuftom of Durefme) with-
" in the faid bifhoprick or county palatine
** of Durefme, in onr kingdom of Eng-^
** land, ever before hath, had, keepeth,
** ufeth, or enjoyeth, or of right could or
^* ought to have, keep, ufe, or enjoy."

The grant in 1630, to Sir Robert Heath,
and his heirs, of the lands now called Lou-

iliana, ran in the fame manner. " We

** ered; the fame into a province, and in-^
" corporate it by the name of Carolanea,
** or the province Carolanea, with all and
'' fingular fuch like, and as ample rights,
** jurifdidiions, privileges, prerogatives, roy-
** alties, liberties, immunities, and franchi-
" fes, as well by fea as land, within the
'^ regions, territories, iflands, and limits
** aforefaid, to have, exercife, ufe, and en-
** joy the fame, as any Bifliop of Durefme,
** in the bifhoprick or county palatine of
^* Durefme, &c. &c.

In the charter of Maryland is granted as
follows, " We have thought fit to ere6t the
*• fame into a province, with all and fingu-
^^ lar the like, and as ample rights, jurif-

*' didions,

( 59 )

^- didions, privileges, prerogatives^ royal-
" ties, liberties, immunities, royal rights
"and franchifes, of what kind foever, tern-
■^ poral, as well by fea as by land, within
'^ the country, iiles, iilets, and limits afore-
" faidr, to have, exercife, ufe, and enjoy the
*' fame, as amply as any Bifhop of Durham
** within the biiTioprick or county palatine
*' of Durham, in our kingdom of Eng-^-
*' land, hath any time heretofore had, held,
*'* ufed, or enjoyed, or of right ought, oy
" might have had, held, ufed or enjoyed."

The charter of the 15th of Charles the
iirft, to Sir Ferdinando Gorges, ereds, cre^
ates, and incorporates, all the premifes grants
ed, into a province or county, called the
province or county of Main -, granting him
all and lingular, and as large and ample
rights, jurifdidiions, privileges, prerogatives,
royalties, liberties, and immunities, franchi-7
fes and preheminencies, as well by fea as
land, within the premifes, as the Bifhop of
Durham hath within the county palatine of
Durham.

The charter of Penfylvania ercBs the /aid
fountjy into a province or feignory, in the re-r
cital of the powers of which ail the regalia
are granted ; and efpecially the power and

privilege

( 6o )

privilege of not being taxed, but by the cofr-
fent of the freemen, or in parliament.

By the charter of William and Mary,
the provinces of the Maffachufets-bay was
/•^ ereBed and incorporated into a real pro-
"^ vince" in the powers of which the Jura
Regalia are defcribed, and fully granted.

All thefe provinces have the power of
peace and war ; of exerciiing law martial ;
of life and death 5 of creating tov/ns, coun-
ties, and other corporations within them-
felves : and the powers of their general af-
femblies, are very different from, and go
beyond the powers of our common coun-
cils within the realm.

The fa6t is, that the conilitution of the
government of England i as it fliood at
that time, founded upon, or built up with
the feudal fyftem j could not extend beyond
the realm. There v/as nothing in the na-
ture of the conftitution, providing for fuch
things as colonies, or provinces. Lands
without or beyond the limits of the realm ;
could not be the property of the realm, un-
lefs by being united to the realm : but the
people who fettled upon thefe lands in par-
tibiis exteris, being the King's liege fubjed:s;
the King, as fovereign Lord, affumed the

right

( 6i ) ,

right of properly, and of government. Yet
the people being intitled to the rights, pri-
vileges, &c. of freemen 5 the King efla-
blifhed, by his commiffion of government,
or charters, thefe colonies as free ftates ;
fubordinate, according to fuch precedents
or examples, as his miniilry thought fuit-
able to the prefent cafe : and the county
palatine of Durham, became this precedent;
and the model of this conftitution as to the
rerralia. This was the actual fhate of the
circumftances of our colonics at their firft
migration, and of the colonies at their firit
fettlement : and had nothing further inter-
vened ; would have been their conflitution
at this day. Let us examine what has in-
tervened y and mark as precifely as we can,
where power has attempted, and vs^here right
has effedled, any change in thefe circum-
flances.

No twith (landing this mode of conflitu-
tion 3 acknowleged de jure, as well as eila-
blifhed defaBo ; we find, that from the mo-
ment that thefe our Kings, and their coun-
cil, took up the idea of comparing thefe
plantations to the duchies of Gafcoigne or
Normandy, (as we find in the journals of
the Houfe of Commons, before referred to,
they did) from that moment, the conllitu-
tion of the colonies was treated as being the

fame

( 62 )

fame with that of Jerfey, part of the duchy
of Normandy : and the fame mode of ad-
min iflration was adopted for the colonies,
as had been ufed and accuftomed for the go-
vernment of that illand.

Appeals from the provincial law courts
were eftabliihed — not to the courts of equi-
ty here in England ; not to the Houfe of
Lords, according to the conftitution and
cuftom of England ; but as appeals from
the courts in Normandy were brought be-
fore the King, as Duke in council — fo here
in the plantations, appeals were made to the
King in council, according to the ancient
euftom of Normandy : and the fame rules
for thefe appeals were adopted — " Appeals
(fays Mr. Falle in his account of Jerfey)
** may be brought before the council board,
'* in matters of civil property, * above the
*' value of 300 livres Tournois, but no ap-
'* peal is admitted in matters of lefs value *
** nor in interlocutories, nor in criminal
" caufes ; which are judged here to be
*' without appeal."

As the laws of Jerfey may be reduced un-
der thefe three heads : i. The ancient cuf-
tom of Normandy, as it ftood before the

* In the fame manner appeals may be brought from
the colonies, in matters where the value is ;^-300,

4 alienation

( 63 )

alienation of that duchy, called-in the rolls
of the itinerant judges La Somfne de Mangel,
This makes what the ilatute law is in Eng-
land. 2. Municipal or local ufages, which
are the unwritten and traditionary law, like
the common law in England. 3. Conili-
tutions and ordinances made by the King,
or his commiffioners royal ; with fuch re-
gulations and orders, as are from time to
time tranfmitted to Jerfey, from the council
board. — So Charles the Firft took up the
idea, that the colonies in like manner, (his
demefnes in his foreign dominions) might
be governed by laws, ordinances, and con-
ftitutions, made and publiihed with his con-
fent, * by his royal commiffioners, eftablifh-
ed for governing the plantations ; together
with fuch further inftrudiions as ihould be
tranfmitted from the council board : and
that thefe commiffioners, being his council
for plantation aifairs, might be the dernier
court of appeal from the colonies. He left
indeed the colonies in fome degree in pof-
feffion of the ftatute law of England, as it
flood before their migration ; and allowed
them (as far as was confiftent with the le-
giflation of this his council) the making and
ufmg their municipal and local laws.

Under thefe Norman ideas of the conili-

* Vide Appendix, for the Coramiflion at length.

tution

( H )

tutioii of our colonies j it was a mofl fortu-
nate circamfLance for them. That the iiland
of Jerfey had, by its conilitution, a right to
hold a *' cor^vention or meeting of the three
'^ orders or efbates of the ifiands ; in imita-
*' tion of thofe auguil affembiies, known by
^' that or fome other name, in great king-
^' doms and monarchies : a fhadow, and
" refemblance, of an Englifli parliament" —
In which, ** the King's governor, or lieute-
'* nant, had a negative voice : The great
" biiiinefs of which meetings, was the raif-
" ing money to fupply public occafions. '
'^^ For, (Mr. Falle fays,) as in England
'' m.oney cannot be raifed upon the fubjed:,
*' but by authority of parliament ; fo here
*' it is a received maxim, that no levies can
" be made upon the inhabitants, but by
"^ their own confent, declared by their re-
** prefentatives aflembled in common-coun-
" cil." It was fortunate, I fay, for our
colonies, that this was the cafe of Jerfey :
for there can be no other reafonable account
given under thefe Norman principles, how
our colonies preferved this effentiai right of
Englifhmen, but that it happened to be alfo
a conilitutional right of his Majefly's fo-
reign French-Norman fubjeds. The com-
miflion which the Kintj had thus ilfued and
pranted, was afterwards annulled, and a
board of plantations (at the head of which,

as

( 6s )

as a marine department, the Earl of War^
wick was placed, being admiral) was ap-
pointed by an ordinance of parliament, when
parliament affumed the fovereign execu-
tive power. After the reiloration, a coun-
cil of trade and plantations was eitablilh-
ed : and upon that being difTolved, in De-
cember 1674; thefe matters were con-
ducted by a committee of council, until af-*
ter the revolution ; v/hen the prefent board
of trade and plantations was appointed. Al-
though, as political liberty became better
underilood, and more effecfiually eitablifhed
in our own conftitution, the very idea of a
privy council making laws for Englilh fub-
jed:s, (though in America,) began to he
more warily touched upon, and was at lafl
finally dropped j yet the idea of dired:ing,
retraining, and fufpending in fome cafes,
the exercife of their conilitutional powers of
government, by the King's further powers
and inftruifiions, and authorities under his
iignet, or fign manual, or by his order in
privy council, or even by letters from fe-
cretaries of Hate, doth continue too deeply
rooted to this day : this fragment alfo of the
Norman cuftom. The appeal to the King, as
Duke in council, continues to be the cor-
ner-ftone in the edifice of their judicatories.
From the ftate of matters as above, it is
clear, that fo far as refers to the relation be-
VoL. I. F tween

{ 66 )

tween the King and the colonies^ while- th(5
Kinp- by himielf, or by his royal commiP
iioners, his council, or his committee, af-
fumed a right to make and publifh laws,
conilitutions, and ordinances, as binding
upon, and penal againft, the people of the
colonies,, without the intervention of their
legiilature, they undoubtedly had a right,^
and it was their duty, to rejed: them, and
to refufe obedience to them : as alfo to con-
fider all his royal commands and infiruc-
tions ^ (whether by orders in council, by
lign manual, or by letters from fecretaries
of ftate, when they aifumed the port of laws^
or ordinances ;) to be no otherwife binding
on the colonies and provinces, than as royal
proclamations ; which have in many cafes,
a certain authority, quoad terroreniy thcugb
not that of law. If the colonifts had at
their migration, fuch natural liberties as
above defcribed ^ and were,, by the com-
miffions of government or charters (for I
fee no diiference ; both, equally providing,
for an uninterrupted and continual faccef-
fion of civil government) eflabiiihed in the
fame -, no orders or inftruitions, which might
derive thus from the King alone,, (to the-
fufpending, retraining, or obftrudting the
enjoyment of thefe rights and liberties, or
the exercife of thefe powers) could take ef-
fed:, or have the force of lav/.

( h )

As thus the K-ing's power in the govern-
ment of the colonies could not ; fo, a fort i^
ori, that of the parhament without the King,
(as by that committee, or board of planta-
tions, infiituted by order of parliament in
the year 1643) could not on any pretence
whatfoever fuperfede the rights and liberties
of the colonies, or of the colonifls*

How far the power of King and parlia-
ment ; the whole imperium of Great Britain ;
may go in conjundtion with right; is matter
of more difficulty to afcertain, and of more
danger to decide. If the provinces have any
rights, however much fubordinate, eve?z this
imperium mufi be bounded by them. How^-
ever, I have formed my opinion on this fub-
jedt, and I will fpeak it out— if I am in an
error ; even error may give occalion to the
rife of truth.— But I muil: firft confider thofe
points of colony adminiftration, which
refpe(fl the relation in v/hich the colonies
ftand conned:ed, as fubjed: to the King, and
the immediate exertions of his power.

F 2 C H A P«

6S

CHAP. IV.

tithe federal points of adminijiration conJidered»
as the Colonies Ji and related to the crown.

f AVING faid fo much on the liberties
of the people in the colonies ; it is
right, perhaps necelTary, to fay ^ I am fure
it may be faid with the utmoft precifion
and convidion. That the King muft retain
in himfelf^ and in his deputy fet over them,,
in his government of them, all thofe fame
preheminences, royal rights, powers and
prerogatives, which- are vefced in the crown,
as part of the government of England : and
that whenever the people, or their reprefen-
tatives in the colonies, acfl towards his royal
perfon, or towards his reprefentative, in de-
rogation of thefe rights and powers j they
can neither be jiiilified by right, or the confti-
tution, or even in good policy towards them-
felves, whatever fpecious temporary reafons
they may affign for it. This mode of con-
dud:, will be permitted to a certain degree
only, and for a certain time : * but will al-
way in the end, as it alway hath in fad done,
call forth fome remedy, (fo far as relates to

%

This has been verified, fmce the writing of the
above, by the appointments of falaries to the crown offi-
cers ij;) the colonies, paid by the crown.

the

{ h )

the colonllls ideas,) worfe than the difeafe.
I will inftance in one cafe only — The con-
ftant refufal of the AiTemblies, to fix per-
manent falaries, for the civil eflablifhment
of government.

We will therefore next review thofe fe-
veral points^ wherein the crown, or its Go-
vernors, ad:ing under its commiffion and
Inftruitions, have been engaged in almofc
conftant difputes with the people of the co-
lonies.

Two great points which the Colonills
labour to eilablidi 3 are, firft, the exercife of
their feveral rights and privileges, as founded
in the rights of- an Englifhman ; and fe-
condly, as v/hat they fuppofe to be a necef-
fary meafure in a fubordinate government,
the keeping in their ov/n hands, the com-
mand of the revenue, and the pay of the
C)fficers of government j as a fecurity for the
jppndud- of thofe officers towards them.

SECTION

( 7^ ')

SECTION!.

Of the force which the inJiruBmis that the.

- King Juperadds to, and which the rejiric-
tion by which he derogates from, the powers^
of the charter <^r conimifion of Government,
ought to have with the people of the colonies,
and their kgifatures.

NDER the iirfl head, come all the
difputes about the King's inftradtions^
piid the governor's power, ^s founded on
them.

The King's commiiliori to his governor,
which grants the power of government^
and diredts the calling of a legiflature, and
the eflabliiliing of courts ; at the fame time
that it iixes ^ti^ governor's pov/er, accord-
ing to the feveral powers and diredions
granted and appointed by the commiilion
and inftruiftions ; adds, " ajid by fuchj^r-
\\ther powers, inftruciions, and authorities,
^* as fhall, at any time hereafter, he granted
*^ or appointed you, under our lignet or
*' iign manual, or by our order in our privy
^' council." It Oiould here feem, that the
fame povvxr which framed the commiffion,^
with this claufe in it ^ could alfo iffae its
future orders and infruBions in confequerc.e
thereof : but the people of the colonies fay,
^hat the inhabitants of the colohies, are en-
titled

( 71 )

ftltled to all the privileges of Engliihmen :
that they have a right to participation in
that will of the community, which is to
govern them^ and which is to give and grant;
for them fach aids and fubjQdies as the pub-
lic vs^ants demand. That no commands of
the crown, by orders in council, inPcruc-
-tions, or letters from Secretaries of State,
are binding upon them 3 further than they
pleafe to acquiefce under fuch, and conform
•their own aBions thereto : that they hold
this rio;ht of ieg-illature, not derived from
the grace and will of the crov/n, and de-
pending on the commiffion which continues
at the will of the crown ; but that this
•right is inherent and eiiential to the com-
munity, as a community of Engliflimen :
and that therefore they mufl have all the
•rights, privileges, and full and free exercife
of their own will and liberty in making
iaws, which are neceffary to that a6l of le-
•giflation, — uncontrouled by any power of
the crown, or of the governor, preventing
or fufpending that ad: in the doing : and^
that the claufe in the commiffion, dire<fling
•the governor to call together a legiilature
by his writs, is declarative and not creative :
and therefore he is dired:ed to adt, conform-
ably to a right a(5lually already exifting in
the people, &c. : and therefore that fuch
claufe ought not to be in the commillion;

P 4 or

( 72 •)

or to be underftood, as being of no offe&g
fo far as concerns the colonics.

sen I fpeak of full uncontrouled in-
dependent powers of debate and refult, fo far
as relates to the framing bills and paffing
them into laws, uncontrouled by any power
of the crown or of the governor, as an ef-
fential property of a free legiflature ; I find
fome perfons in the colonies imagine, that I
reprefent the colonies as claiming a power
of legiflature, independent of the King's
m governor's negative. — Thefe gentlemen
knowing that it is not my intention to do
injuflice to the colonies -, wiih me fo to ex-
plain this matter, that it may not bear even
the interpretation of fuch a charge — I do
therefore here deiire, that the reader will
give his attention to diftinguifh a full, free,
nncontrouled, independent power, in the ad:
of legiilation J from a full, free, uncon-
trouled, independent pov/er, of carrying the
refults of that leo-iflation into eifed:, inde-
pendent either of the Governor's or Kings's
negative. The firll right, is that which I
reprefent the colonics claiming, as a right
effential to the very exifcence of the legifla-
ture : The fecond is what is alfo eifential to
the nature of a fubordinate legiflature, and
what the colonifls * never call in queftion.
That therefore the point here meant to be

* 1764.

ilatecj

/ :>

ftated as in debate,- is 5 W'hetlier a' fabordi-
nate legiilature can be inflructed, reltrideds
and-controuled, m the 'very aSf of legifla-
tion ? whether the King-'s in ft ructions, or
letters from fecretaries of ilate, and fuch
like lignifications of his Majefty's will and
pleafure ; is a due and conflitutional appli-'
cation of the governors, or of the royal ne-
gative ? * — Or whether in fact or deed, the
people of the colonies, (having every right
to the full powers of government, and to a
'Vohole kgijlatroe poiver,] are not under this
claim entitled, in the pov/ers of legiilature^
and the adminiftration of government, to
iiie and exercife in conformity to the laws,
and in fiibordipation to the fovereignty of
Great -Britain, the ' fame, ful], free, inde-
pendent, unreftrained power and legiilatiye
will, in their feveral corporations under
the King's commiffion and their refpeftive
charters, as the government and legiilatare
of Great Britain, holds by its conititiition,
and under the great charter.

Every fubjecl, born wdthin the realm,
(under the freedom of the Government of

* The colonifcs conflantly deny this — and min\'?i:j^
(otherwife fuch inilruitions would not be given,) con-
ftantly maintain it. After experience of tne confufiori
and obftruiSiion v*;hich this dubitable point hath occa-
fioned to bufinefs, it is time fuiely that it were fome way
i)x other determined,

-Jd

( 74 )

Cjreat Britain, or by adoption admitted to
the fame,) has an elTential indefeaiible right
to be governed, under fuch a mode of go-
vernment as has the unreftrained exercife of
ail thofe powers which form the freedom
and rights of the conilitution : and there-
fore " the crown cannot eilabliih any colo-
*' ny upon, or contrad; it within, a narrower
'■^ fcak, than the fubjed is entitled to, by
*' the great charter of England *." The
government of each colony, muft have the
fame powers, and the fame extent of pov/-
ers, that the government of Great Britain
hath — and moll have, (while it does not ad
contrary to the laws of Great Britain,) the
fame freedom and independence of legilla-
tiire, as the parliament of Great Britain
has. This right (fay they) is founded, not
only in the general principles of the rights
of a Britiih fubjed ; but is adually declar-
ed, confirmed, or granted to them in the
commiilions and charters which gave the
particular frame of their refpedive conftitu^-
tions. If therefore, in the firft original ef-
tablifhment, like the original contrail:, they
could not be eilablifhed, upon any fcale fhott
of the full and compleat fcale of the powers
of the Britiih government — nor the legilla-
£ure be eftabliihed on arjy thing lefs than

* Hiftorlcal Review of the Conftitution and Go-
vernment of Penfylvania, p. II.

-2 the

( 75 )

t]he whole legiflative power — much lefs can
this power of government and legiilature,
thus eflablifhed, be governed, diredied, re-
flrained or rellridled, by any poilerior in-
ilruQions or commands, by the letters of
Secretaries of State, But upon the iuppo-^
£tion, that a kind of general indetermined
power in the crown, to fuperadd inflru(5tions
to the commiffions and charter be admitted^
where the colonifts do not make a queftion
pf the cafe wherein it is exerted j yet there
are particular cafes v/herein both direcflive
and refiri^dve inflrudlions are given, and
avowedly not admitted by the coionills. It
is a {landing inftrud:ion ^ as a fecurity of the
dependence of the government of the colo-
pie? on the mother country ^ that no a6ls
wherem the King's rights, or the rights
of the mother country, or of private per-
fons, can be affedted ; {hall be enaded into
a law i without a claufe, fufpending the
effed: thereof, till his Majefty's pleafure fhall
be knov/n. This fufpending claufe is uni-
verfally * rejected on the principles above :
becaufe fuch fufpenlion, disfranchifes the
inherent full power of legifiature, which
they claim by their rights to the Britilh li-
berties, and by the fpecial' declarations of

* In fome cafe of emergency, and in the cafes of the
goncerns of individuals, the inftrudion l^as been fub-
fiiitted £0, but the principle never,

fuch

( 76 )

fuch in their charters. It does not remove
this difficulty, by faying, that the crown has
already in its hands the power of fixing this
point, by the effedl of its negative given to
its governor. It is faid, that this inftrud:ion
is not meant as a rellri<ftion upon, but is an
indulgence to the legiflatures ; and that if
the crown fhould withdraw this inftrudiion ;
and peremptorily reflrain its governor from
enabling laws, under fuch circumftances as
the wifdom of government cannot admit
of ^ that then thefe points are actually fixed
by the true coniflitutional power : but that
if the colonies had not this conditional in-
dulgence, they would be in a v/orfe cafe,
than the cafe complained of. Wherever
it is fo faid, I muft repeat my idea, that
this does not remove the difficulty. — Let us
firil wave the doubt which the colonics
might raife, (efpecially in the charter colo-
nies j) how far the governor ought, or ought
not, to be refcri<5ted from giving his aifent,
in cafes contrary only to inflrudions, and
not to the laws of Great Britain ; and on
this ground let us confider the effecfls of this
meafure. In cafes where the bills, offered
by the two branches, are for providing laws,
abfolutely neceffary to the continuance, fup-
port, and exercife of government ; and
where yet the orders of the crown, and the
fenfe of the people, are fo widely different

as

{ 77 ) '

as to the mode, that no agreement can ever
be come to in thefe points — Is the govern-
ment, and adminiftration of the government
of the colonies, to be fufpended ? Is the in-
tereft, perhaps the being of the plantations,
to be hazarded by this obftinate variance ?
and can that exercife of the crown's nega-
tive, in fuch emergencies, and with fuch
effed:, ever be taken up as a meafure of ad-
miniflration ? And v/hen every thing is
thrown into confuiion, and abandoned even
to ruin by fuch meafure ; will adminiilra-
tion juftify itfelf by faying, that it is the
fault of the Colonics ? On the contrary,
this very ftate of the cafe, fhows the necef-
iity of fome other remedy.

• In the courfe of examining thefe matters,
will arife to confideration, the followino.
very material point. — As a principal tie of
the fubordination of the legiflatures of the
colonies on the government of the mother
country -, they are * bound by their confti-
tutions and charters, to fend all f/jeir aBs of
legiilature to England, to be confirmed or
abrogated by the crown : but if any of the
legiflatures fliould be found to do almoft
every aft of legiflature, by votes or orders ;
even to the repealing the effe(5ts of ads -,

* This hath been made a matter of doubt in fome ct
the charter colonies,

fufpending

( -8 )

fufpending eftablifhments of pay ; paying
fervices ; doing chancery and other judica-
tory bulinefs : if matters of this fort, done
by thefe votes and orders, never reduced in-
to the form of an ad:, have their eifed:,
without ever being fent home as ads of le-
gillature, or fubmitted to the allowance or
difallowance of the crown ^ if it ihould be
found that many, or any of the legiflatures
of the colonies, carry the powers of legilla-
ture into execution, independent of the
crown by this device, — it will be a point to
be determined how far, in fuch cafes, the
fubordination of the legiflatures of the co-
lonies, to the government of the mother
country, is maintained or fufpended — or ify
from emergencies ariling in thefe govern-
ments, this device is to be admitted; the
pointy how far fuch is to be admitted, ought
to be determined : and the validity of thefe
votes and orders, thefe Senatus-Confulta,
fo far declared — For a point of fuch great
importance, in the fubordination of the co-
lony legiflatures -, and of fo quefr'onable a
caft, in the valid exercife of this leg illative
power ', ought no longer to remain in quef-
tion.

SECTION.

79

SECTION IL

Of the manner of providing fir the fupport of
the Kings government in the Colonies.

THE Ti^yit general point yet undeter-
mined; the determination of which,
very elTentially imports the fubordination
^nd dependance of the colony governments,
on the power of the king -, is, the manner
of providing for the fupport of govern-
ment, and for all the executive officers of
the crown. The freedom and right effi-
ciency of the conftitution require, that the
executive and judicial officers of govern-
ment, fhould be independent of the legif-
lative; and more efpecially fo in popular go-
vernments, where the legiflature itfelf is fo
much influenced by the humours and paf-
lions of the people : for if they are not; there
will be neither juftice nor equity in any of
the courts of law ; nor any efficient execu-
tion of the laws and orders of government
in the magiflracy : according, therefore, to
the conftitution of Great Britain, the crown
has the appointment and payment of the fe-
veral executive and judicial officers ; and the
legiflature fettles a permanent and fixed ap-
pointment, for the fupport of government,
and the civil lifl; in general : The crown
therefore has, a fortiori, a right to require

of

(80 )

of the colonies, (to whom, by its commif-
lion or charter, it gives the power of go-
vernment i) fuch permanent fupport ; ap-
i>ropriated to the offices ^ not the officers of go-
vernment ; that they may not depend upon
the temporary and arbitrary will, of the le-
giflature*

The crown does, by its inilruilions to its
<Tovernors ; order them to require of the le-^
giilature a permanent fupport. I'his order
of the crown, is generally, if not univerfaily
rejected, \yj the legiflatures of the colonies.
The affemblies quote the precedents of the
Britifh conftitution ; and found all the rights
and privileges which they claim, on the
principles thereof. They allow the truth
and fitnefs of this principle in the Britifh
confli tution ; where the executive power of
the crown is immediately adminiftered by
the King's Majefty : yet fay, under the cir-
cumflances in which they find themfelves %
that there is no other micafure left to them,
to prevent the mifapplications of public mo-
ney, than by an annual voting and appro-
priation of the falaries of the governor and
other civil officers, iffuing from monies lodg-
ed in the hands of a provincial treafurer, ap-
pointed by the affem.blies : For in thefe fub-
ordinate governments, remote from his Ma-
jefty's immediate influence, adminiflered of-
tentimes by necefiitous ana rapacious go-
I vernors^

( 8i )

vernorsy who have no natural, altho' they
have a political connedion v^ith the country,
experience has fhewn that fuch governors
have mifapplied the monies raifed for the
fupport of government, fo that the civil of-
ficers have been left unpaid, even after hav-
ing been provided for by the alTembly. The
point then of this very important queftion
comes to this ifTue ; Whether the inconve-
niencies ariling from, and experienced by
fome inftances of mifapplications of appro-
priations j (for which hov/ever there are in
the King's courts of law, due and fufiicient
remedies againfl the offender j) are a fufii-
cient reafon and ground for efliablifhing a
meafure fo directly contrary to the Britifh
conflitution : and whether the inconvenien-
cies to be traced in the hiflory of the colo-
nies, through the votes and journals of their
legiHatures ^ in which the fupport of go-
vernors, judges, and officers of the crown,
will be found to have been withheld or re-
duced, on occaiions, where the affemblies
have fuppofed that they have had reafon to
difapprove the nomination,- — or the perfon,
or Ins condu(5t — -whether, I fay, thefe incon-
veniencies have not been more detrimental,
and injurious to the government of the co-
lonies themfelves, than any temporary in-
cOnveniencies which might arife within the
period for which fuch eflabliihrnent is fix-
VoL. I. G edj

{ 82 )

ed 3 and whether, indead of thefe colonies
being dependent on, and governed under,
the officers of the crown ; the fcepter is not
reverfed ; and the officers of the crown de-
pendant on, and governed by the affemblies.
The Colonifts themfelves allow that this
meafure * " renders the governor, and all
** the other fervants of the crown, depen-
** dant on the aflembly," — But the opera-
tion of this meafure does not end here : it
extends to the affuming, by the afTemblies,
the ad:ual executive part of the government
in the cafe of the reveaue : than which, no-
thing is more clearly and unqueilionably
fettled in the crown. In the colonies the
treafurer is folely and entirely a fervant of
the afiembly or general court : and although
the monies granted and appropriated, be,
or ought to be, granted to the crown on
fuch appropriations ; the treafurer is neither
named by the crown, nor its governor ; nor
gives fecurity to the crov/n or to the Lord
High Treafurer ; ' (which feems the mofh
proper 3) nor in many of the colonies, is to
obey the governor's warrant in the iffue 3
nor accounts in the auditor's office ; nor in
any one colony, is it admitted, that he is
liable to fuch account. In confequence of
this fuppofed ' neceffity, for the aflembly's

* Smith'^: rliHory of New York, p. 118.

taking-

■ ( h )

taking upon them the admiaiflratlon of the
treafury and revenue 3 the governor and fer-
vants of the crown, in the ordinary revenue
of government, are not only held depen-
dant on the affembly J but all fervices,
where fpecial appropriations are made for
the extraordinaries v/hich liich fervices re-
quire, are ad:ually executed and done by
commiffioners appointed by the aifembly 1
to whofe difpofition, fuch appropriations are
made liable. It would be perhaps invidi-
ous, and might tend to pre -judging on points,
which ought very ferioufly and difpailionate-
ly to be examined ; if I were here to point
out, in the feveral inftances of the actual,
execution of this affumed power, how al-.
moil every executive power of the crown,
lodged in its governor, is, (where money is
neceffary,) thus exercifed by the alTembly,
and its commiffioners — I therefore reft the
matter here.

In the firil edition of this book I pointed
out the meafure of the government's fettling
fixed falaries on the officers of the crown
in America, independant of the people. I
afterwards withdrev/ this propofition ; from
an apprehenfion of the evils which might
arife to the fervice, by thefe fixed and per-
manent falaries having a tendency to ren-
G 2 der

( 84 )

der the chief offices finecures. This mea-
fure, hath been fince eftablifhed by parUa-
ment. But why, thofe who had the condu6t
of it, would not admit a claufe, providing
that fuch falaries hereafter to be eftabhfh'd,
ihould be given to no perfon but to fuch as
actually executed the office, is not very eafy
to conceive -, unlefs from fuggeflions that
one v/ould not willingly take up, againO:
the integrity of their intentions— If that
ad: ihould ever be explained, or amended
by any fubfequent law, it is to be hoped
that this claufe or provifo, v/ill not again
be omitted.

The fame motive, and reafbn which
weigh'd with government, to adopt this
meafure of fixing falaries for the civil of-
ficers of the crown in America during the
time of their ferving -, fliould operate, to in-
duce government to take one Hep further,
in order to render the meafure quite effec-
tual ; that is, to fettle fome half-pay or
other penfion, on fuch officers as are from
age or ill health removed -, or after long
fervices in that country, are permitted to
return home. The appointments of the
governors, &c. are fuch, wherein no for-
tunes can either be made, or faved with
honour. — If they have no fortunes of their

own.

( 85 )

own, they muft, after their fervices, return
home to flarve. " There is no man" (fays
an American ; the intelligent author of the
Hiftorical Review of Penfylvania) " long,
or much converfant in this overgrown
city [London] who hath not often found
himfelf in company with the fhades of
departed governors, doomed to wander
out the refidue of their lives, full of the
agonizing remembrance of their paft
eminence^ and the fevere fenfation of
prefent negled. Sir William Keith, upon

* his return, was added to this unfortunate

* lift j concerning whom, the leaft that
' can be faid is, that either none but men
' of fortune fhou^ld be appointed to ferve
' in fuch diftinguifti'd offices ; or other-
"^ wife for the honour of government itfelf,
V fuch as are recalled Vv'ithout any notorious
' imputation on their condu(5l, fhould be

* preferved from that wretchednefs and
' .contempt, which they have been but too
' frequently permitted to fall into, for
' want even of a proper fubfiftance." —

The means of avoiding this wretched ilTuc
of their fervice, by making up a fortune to
live on, w^hen they fhall be recalled, is a
temptation which ought to be removed from
this fituation, by thofe who regard the
King's fervice, even if they have no feelings
of compaffion for his ferv ants, — A fmall
G 3 pittance

( 86 )

pittance would pay this ; and that very fum
might engage the fervices of thefe half-pay
officers, in a way not unufeful to govern-
ment.— -They might, in conlideration of
this pay, be diredled to attend the Board of
trade (or whatever board or officer was, for
the time being, the acting miniiler for the
buiinefs of America,) in order to give ex-
planations, or opinions, as they fhould be
required : or even to report ; if ever they
jfhould be thought worthy to have any mat-
ter, requiring a report, refer'd to them :
and they might be formed into a kind of
-fubordinate board for this purpofe.— The
benefit of fuch a meafure needs not to be
expatiated upon ; and to explain the opera-
tion of it, would be too minute a detail for
the curfory mention wdiich I here make
of it.

SECTION III.

Of the Kings delegation of the military pow-
er^ both confidar aiid diciatorial.

IT is a duty of perfed obligation from
government towards the colonies, to
preferve the liberty of the fubjed; j the li-
berty of the conilitution : It is a duty alfo
of prudence in government, towards itfelf 5
as liich condud is the only permanent and
fure ground, whereon to maintain the de-
pendence

( 8? )

pendaiice of thofe countries, without de«
ilroying their utility as colonies.

The conftitutions of thefe communities,
founded in wife policy, and on the laws of
the Britiih conftitution, are eftablilhed by
their feveral charters ; or by the King's
commiffion to his governors, being in the
nature of a charter of government. In

o

thefe, all the juft pov/ers of government are
defcribed and defined -, the rights of the
fubje6l: and of the conftitution declared; and
the modes of government agreeable thereto
efrablifhed. As thefe pafs under the great
feal ; no jurifdisftions or offices v/ill be in-
ferted in the powers granted, but what are
agreeable and conformable to law, and the
conftitution of the realm. Although the
King's commiffion is barely a commiffion
during pleafure, to the perfon therein named
as governor; yet it provides for a fucceffion
without vacancy, or interregnum -, and is
not revoked but by a like commiffion, with
like powers : It becomes the knovv^n, efta-
blifhed conftitution of that province which
hath been eftabliftied on it ; and whofe
laws, courts, and whole frame of legiflature
and judicature, are founded on it : It is the
charter of that province : It is the indefea-
iible and unalterable right of thofe people :
It is the indefeaiible right by which thofe
G 4 ' colonies,

1 88 )

colonieSj thus eilabliflied, are the colonies
of Great Britain ; and therefore not to be
altered, but by the fame means as any re-
form or new efcabliiliment would take place
in Great Britain : It cannot, in its effential
parts, be altered or abated by any royal
inftrufflions or proclamation ; or by letters
from fecretaries of ftate : It cannot be fu-
perfeded, or in part annulled, by the iffu-
ing out of any other commiffions> not known
to this conftitution.

In thefe charters, and in thefs commif-
fions, the crown delegates to the governor
for the time beings all its coniiitutional
pov/er and authority, civil and military —
the power of legiilation, fo far as the crown
has fuch^ — its judicial and executive powers;
its powers of chancery; admiralty jiiriidic-
ticn ; and that of fupreme ordinary.- — All
thofe powers, as they exill; and relide in the
crown, are known by the laws and courts
of the realm : and as they are derived to
the governors, are defined, declared, and
patent, by the charters and commiilions pa-
tent. It is therefore the duty and true in-
terefts of the Colonifls, to maintain thefe
rights 'y thefe privileges ; this conftitution :
It is moreover the duty and true intereft of
King, Lords, and Commons, to be watch-
ful over, to fiipport and defend, thefe rights

of

( H )

of the colonies : It is the duty of admini-*
ilration, to have conftant regard to the ex-
ercife of them; otherwife '' it will be found
^* a dangerous thing to have given fo much
^' of civil power out of the King's hands 5
" and to have done fo little to maintain
^^ thofe into whofe hands it is entrufted."
How far the eftabliihment of the office and
power of a military commander in chief,
not fubordinate but fuperior to thefe conftir-
tutional commanders in chief— -how far the
fuperfeding of the Confidar power of the
Governors, by eftablifhing, not for the time
of war only, but as a fettled fyftem, this
DiBntorial power; with a jurifdidtion ex-
tending over the whole of the Britifh em-
pire in America — is conformable to law, to
prudence, or found policy — is matter of
very ferious confideration, to thofe who re-
gard the liberties of the conititution.

All military power whatfoever, as far as
law and the conllitution will juftify the ef-
tablifhment of fuch, is reiident in the efta-
blifhed office of governor, as Captain gene-
ral and commander in chief. There is no
power here granted, but what is ipecified
and defined by the nature of the conftitu-
tion. The fubjed: and ftate is duly guarded
againft any exteniions of it, by the feveral
laws which the iegiflatures of the feveral
3 colonies

( 9® )

colonies have provided to limit that power :
and it can be exercifed by none but fuch
perfons as are within the jurifdicflion of the
province j who deriving their powers from
the fupreme powers, are. amenable to the
laws of the province ^ and to the governor,
who is himfelf fpecially refponiible for the
truft. This power thus limited becomes
part of the conftitution of the province ^
and unlefs thus limited, and thus conlidered
as part of the conftitution of the govern-
ment I it may be matter of great doubt,
whether the crown) v/ould be advifed to erect
any military powers whatever. But under
fuch limitationSj and as a knov^n eftabiiilied
part of the conftitution \ the crown may
i2S'£\'^ grant thefe powers, and the people
i2£<t\y live under them : becaufe the governor
is *^ required and commanded to do and
*^ execute all things in due manner, that
** fhall belong unto the triijl repofed in him,
'* according to the feverai powers and au-
*^ thorities m.entioned in the charter."—
That is to fay, according to thofe powers,
which in charter governments are exprefsly
part of the conflitution : and which from
the very nature of the commUjion patent, in
fuch coniritutions as are called King's go-
vernments, are likewife to be conlidered in
the fame light,— When this military branch
of the governor's office, is eflablillied and

received

( 91 )

received as part of the con{litutIon ; the
King may fafely grant, and the people fafely
acl under, ^^ a power to levy, arm, mufter,
command, and employ all perfons what-
foever reliding within fach province ; to
reiift and repel, both at land and fea, all
enemies, pirates, and rebels ; and fuch
to purfue in or out of the limits of the
province : to ered: and build forts ; to
fortify and furnifh, and to commit the
command of the fame to fuch perfon or
perfons as to fuch governor fhall feem
meet — and the fame again to difmantle or
demolifh : and to do and execute "all and
every other thing Vv'hich to a captain ge-
neral doth or ought of right to belong, as
fully and amply as any other the King's
captains general doth or hath ufually
done, according to the powers in the
commiffion and charter granted." It be-
comes hence a quellion of the highefl im-
port, and leading to the mofl dangerous
confequences — Whether, after the conftitu-
tions and offices of a colony or province are
thus eftabliflied ; the King himfelf can dif-
member the fame, fo as to grant to any of-
fice or officer not knov/n to the conftitution,
any part whatfoever of thofe powers ; as he
cannot disfranchife a people, having fuch
pov/ers, under fuch charters, of any the
lead right or privilege included in, or as

derived

( 92 )

derived from, the ellabliiliment of their
eoniLitution of government ? This is a quef-
tion that it would behove the crown lav7-
yers well to confider ; whenever it fhall be
referred to their confideration . If every
military povv'^^er that can legally be included
in any comniiiiion which the crown will be
advifed to iiuie, is already included in the
office of governor, as part of the conftitu-
tion of thefe provinces and colonies j what
commiffion can faperfede the fame, or give
power to any other officer than the governor,
to exercife thefe powers within fuch pro-
vince ? It v/as fiiggefted by the writer of
thefe papers at the beginning of the late
war ; that if the necejjity of the cafe in time
of "war urged to the appointing a military
commander in chief of all North America,
who fliouid command all miUtary opera-
tions, and preiide in general over all military
eilabliihments for the g-eneral fervice, inde-
pendent of, and iiiperior to, the powers and
authorities already granted to the governors
and captains general of the provinces, — it
was fuggefted ; that no commiffions under
the private feal and {i^ri manual, could fu-
perfede, revoke, or take precedence, of thefe
pov/ers granted by letters patent under the
great feal ; and it was determined accord-
ingly, that the military commander in chief
mull have his commiffion patent under the

great

( 93 )"

great feal. But when it came to be conii-
dered, what powers fliould be granted in
this conimiffion ; the wifdcm and prudence
of the * great ftatefman and lawyer who
was then entrufted with that feal, iflued the
commifiion for the commander in chief, in.
general and indefinite terms ; ** to have,
hold, exercife, and enjoy the faid office
during pleafure, together with all the
powers, authorities, rights and privilegeSj.
thereunto belonging, fubjed: however to
fuch reflridlions, limitations, and inilruc-
tions, as are given, or to be given, from
time to time, under the royal fign ma-
nual, and charging and requiring all the
governors, lieutenant governors, deputy
governors, and prefidents of the council
of the refpediive colonies and provinces
of North America, and all other officers
civil or military within the fame, to be
aiding and affifting in this command."
Thefe general powers, undefined and un-
known, and fuch as no miniiler who advifes
the ififuing fuch commiffion will venture to
defcribe ; thefe general words, power and
command ; either mean nothing, or fuppofe
every thing, v/hen a juftifiable occafion, or
perhaps a colourable pretext, calls for the
exercife of them. It was ken that thefe
general defcriptions were either dangerous
* Lord Hardwick,

or

( 94 )

or nugatory ; and therefore the commander
in chief had at the fame tim.e^ another com-
miffion under the private feal and lign ma-
nual, in which were inferted all the pow^ers
for governins: the forces, &c. which were
not thought proper, to be included and
granted by letters patent under the great
feal. I am no lawyer, and do not therefore
pr&funie to give an opinion of deciiion ; but
venture to affirm, that it ought well to be
confidered, Whether if this commilTion be
now in time of peace interpreted to extend
to any one purpofe at all, it mufl; not q-^-
tzndL to much 7nore than can be jiifiified by
either law or the conftitution ? Whether
(the conftitutions of the provinces and co-
lonies remaining) the office of a commander
m chief, exercifing fuch. powers as are fup-
pofed neceffary to the execution of that com-
mand ^ can be eflablifhed over all North
America ? Thefe military powers, as they
exill in the governor's commiffion ; exiil:
and mjdft be exercifed under the civil limi-
tations and regulations of the conilitution :
nor can any law martial, or any other mili-
tary ordonnances be publiflied, without the
concurrence of the other branches of the le-
giilature,— But the difference of this diBa-
torial powcj-y of a military commander in
chief, and the confuiar power of the provin-
cial governor, cannot be better delcribed,
4 than

( 95 )

than in the following paiiage : Ea fotejias
(Jcilicet diBatoriaJ per fenatum more Romano
magijlratui maxima permittkur, exercittim pa--
rare, bellum gerere, coercere omnibus modis
focios at que cives : domi militiaque imperiiim
at que judicium fti?nmum habere: aliter fine
■popidi juJJ'u nidlius earum rerum confiili jus
'eft*.

If it ihould upon confideration and ad-
vice, (of which I am no judge,) be found
that the dictatorial power and command of
a military commander in chief, fuperior to
the provincial governors, (however necef-
fity, in time of war, might juilify it, ne
quid refpublica detrimenti capiat,) is not a-
greeable and conformable to law, and to
the conilitution either of Great Britain or
of the colonies in time of peace ; it may be
fuppofed that fuch will not be continued in
time of peace ; and that as foon as the -f- hof-
tile ftate of Indian affairs ceafes, this power
will be made to ceafe alfo.

In the conliderations above, I have fug-
gefted the doubt ; whether this commiffion

* Salluft, Bellum Caiilinarium.

t The firft edition of this book was publifhed during
the continuance of the hoftiiities of the Indians, after
the General Peace amongfl. the Europeans. That hath
ceafed. But the military eftabliflsment remains^

may

( 96 )

may be right, as to law and the conftitu-»-
tion — But if there be only a doubt of its le«
gality ; and there no longer remains an ab-
folute neceffity for the continuance of it ; I
think it may be fairly made to appear, that
neither prudence, nor found policy, can juf-
tify it.

Such powers, with fuch a command, may
on one hand, be dangerous to the liberty of
the fubjed; ; to the liberties of the confti-
tution of the colonies -, and even to the
flate on the other hand. For there are
no people in the whole world, (when
their liberties fliall become infected and
undermined,) fo liable to become the in-
f[:ruments of dominion ; as a people who
have lived under a free and popular go-
vernment. This has been the fate of the
free fiates of Greece and Italy : this the
fate of Rome itfelf : — But may heaven a-^
vert, that this ever becomes the ftate of the
Britifh colonies !

There is not, there cannot be, any dan-
ger in this power at prefent, but thus
planted, when it comes to grow, when it
has taken root, and has fpread its branches
through the land, it v/ill foon overtop
and overfhadow, all the weaker, humbler
fhoots, of civil liberty. Set once this
lord of the forefl, on a permanent foot-

ing i

( 91 )

ingj It will foon have, as Mr. Harnngtofi
faySj ** Toes that have roots, and arms that
** v^ill bring forth v^hat fruit you pleafe."

It is a common obfervation ^ but it is as
trivial as common -, v^hich fuppofes the dan-*
ger of the colonies revolting, and becoming
independent of the mother country. No
one colony can by itfelf become fo — and no
two, ^^ under the prefent jiate of their conjli"
tutions, have any poffible communion of
power or interefl, that can unite them in
fuch a meafure : they have not the means of
forming fuch : they have neither legiilative
nor executive powers, that are extended to
more than one : the laws of one, extend not
to the other : they have no common magif-
tracy, no common command : in Ihort, no
one principle of alTociation amongft them :
On the contrary, the different manner in
which they are fettled -, the different modes
under which they live ; the different forms
of charters, grants, and frame of govern-
ment which they poffefs -, the various prin-
ciples of repullion that thefe create ^ the
different interefts which they actuate ; the
religious intereils by which they are acfluat-
ed ; the rivaliliip and jealoulies which arife
from hence, and the impradicability, if not
impoffibility, of reconciling and accommo-

* Written in 1764. They have fmce found a prin-
ciple of Aflbciation by Deputies met in Congrefs.

Vol. I, H dating

t 98 )

iu'mg tliefe incompatible ideas and claims }
will kecD the feveral orovinces and colonies,
perpetu-4lly independent of, aad unconnefted
with each other ; and^ dependent on the
mother country. This military commif-
iion going over the whole, has in this light
danger in it, which is that of furnilhing
them with a principle of tmion, dilunited
from the civil conftitution. If ever the co-r
lonies revolt, and {^t up an empire in Ame-
rica ; here begins the hiftory of it : from
this period, as from the firft dynaily, will
future hiftorians deduce their narrative.

When the government of Rome took up
the falfe policy of eilabliiliing and continu-
ing, in time of peace, military commanders
\n chief in their provinces -, the people of
the provinces became an army ; and that
army fubverted the empire. *' By how
much the more remote (fays P4achiavel)
their wars were 3 by fo much they thought
thofe prorogations m-ore convenient j by
which it happened, that the commander
might gain fuch an intereft in the army, as
might make it difclaim the power of the
fenate." Publius Philo was the iirii to whom
liis military commiiTion was prolonged: and
this precedent once fettled ;. v^e hear next of
the foidiers in Spain, deciarinp- L. Marcius
imperator in the field,- Res mali exempli im-
pej'iitores legi ah exercitihus et folenne atfjptca-
torum comitiomm i?i cadra et prcvincias, p7'o-~

2 - cul

( 99 )

cut ab legibus magijlratihifque, ad 7nilitareni
temeritatem tranferri'\. •' This it was that
" enabled Marius and Sylla to debauch the
*' army; this it was that enabled Caefar to
*' conquer his native country. It may be
*' objecTted, that their great affairs could not
" have been managed at fo great a diftance,
" without fuch commands. — It is poflible
'* indeed, that their empire might have been
'* longer before it came to th^t height, but
** then it would have been more lailing ; for
** the adverfary would never have been able
** to have ereBed a monarchy and deflroyed
" their liberty fo foon." — This power, mo-
narchical from its very nature, may have been
dangerous to a commonwealth ; and have
ruined the republic, by eftabliiliing a mo-
narchy upon it : but it will be alked. How
can this ever be the cafe in a regulated
monarchy ? Can it be fuppcfed that any
future King, can ever wiili to change that
confiitution in which his power is eila-
blifhed ? Can it be fuppofcd that a free
people could ever be fo wild as to put them-
felves under an unboimded military power, in
order to become independent of a limited and
civil power ? What may be the turn of fu-
ture events. Heaven only knows : yet expe-
rience has taught us, that former Kings
have thus miflaken their real intereft; and
former people have been driven to this dif--
tradiion : And if, on any fuch future occa-

t Livius Lib, 26. § 1%

FI 2 iion.

( 100 )

fion, there fhoiild be found eflabliflied, by-
repeated and continued cuflom ; by unrejijled
frece dents; the office of commander in chief
of all North America -, not only in the pof-
feffion, but in the actual exercife of thefe
'powers : — Kxercitum parare- — helium geret^e —
coercere omnibus modis focios at que cives — He
might like another Monck, in fuch critical
fituation, give the turn to the balance ; and
negotiate^ (either with the prince, or the
people, as his inclinations and interefts lead
him) for the liberties of Great Britain. — If
in any future period of events, the fate of
war ihould reduce Great Britain to ftruggle
for its rights, its power, perhaps, its fafety ;
on terms hardly equal, with all its force, to
its fupport in Europe ^ and in the courfe of
that flruerfe, there be eftablifhed in North
America a commander in chief, with an
army at his command ; with a degree of au-
thority prefiding over the civil power, and
civil governors -, with an extent of command
capable of afibciating and uniting a, number
of powers, otherwife, incapable of fuch
union — if fuch a man, at fuch a crifis,
fhould have ambition enough to wifli, and
fpirit enough to dare to fet up an independ-
ent empire in America 5 he could want, in
fuch criiis, no fupport that a wife and artful
enemy to Great Britain would not give
him : Nimc illud ejfe tempus occupandi res du?n
' turbata cmnia 'nova atque incondita libertate
ejjenf, dum regis Jiipe7idiis pajliis obverfaretur
6 7nikS).

( loi )

miles, dum ah Annibak mi/Ji duces ajfueti millti-
hus juvare pojfeiit incept a "^ . The enemy
could not wifh better ground, than fach an
eftabliihment, io circumftanced, at fuch a
crlds ; nor could take a more efte6tual mea- »
fure for the ruin of Great Britain, than izt-
ting up and fupporting an American empire y
for there could be no doubt of the fuccefs
of the meafure, and no doubt of its eife(5t.

The prefent government found, already
eflablifhed, from the neceility of things in
the ftate of the laft war, fuch a power— and
as the effects of that war in America, can
not be faid wholly to ceafe, -f- while the In-
dian affairs wear fuch an hoilile appearance -,
this power is for the prefent continued: But
we may confide in the true genuine princi-
ples of liberty, which animate the royal
breaft; we may trufl in the wifdom and
prudence of the King's miniftry, — that no
fuch officer as that of a military commander
in chief, prefiding over all North America,
and preceding in military matters, and in
the power neceU'ary to the execution of that
command, the conditutional power of gover-
nor-— we may truft, J I venture to fay, that
• no fuch office will ever be made an efhablifh-

* LIv. lib. 24. § 24.

t This is not the cafe now, 1768.

X I could venture to Tay fo much when this was firft
■written, and had grounds for what I faid, in the year
1764.

H 3 ment.

( i02 )

ment^ in time of peace. Regular troops are
in the fame manner and degree- necelTary
in North America, as in Britain or Ire-
land— but we £hall fee them eflablifhed
there, under the fame relations to the civil
power as in Ireland j we ihall fee again
the civil governments j as eftabiiflied under
commiffions patent, and charters 5 predo-
minate. If I, a private perfon, and wholly
removed from all advice or confultation
with miniitry, might be permitted to in-
dulge a conjedure -, I would fuppofe, from
fome leading meafures which are already
taken, of dividing the American army into
commanderies, and putting a ftop to draughts
^^n general contingencies .; that the danger
and expence of the office of commander in
chief, will foon ceafc : and that the feveral
commandants of the troops appointed, each
to their refpedive diftridiSj having every
pov/er neceffary for the difcipline and govern-
ment of the regular forces under their com-
mand ', will be eflabliilied in the fame rela-
tion and fubordination to the civil power of
that government, within v/hich their com-
mand lies i as the commander in chief in
Ireland, flands to the fupreme civil power of
Ireland : — and that as a commander in chief
of thofe forces, may in cafe of the com-
mencement of hoftilities, or of adiual open
war, be again neceffary— if fuch neceffity
appears firfl here m Europe j; his Majeily

will

( 103 )

will imtnediately appoint fiich : and that if
fuch neceffity fliould appear firil in America,
there will be proper proviiion and regula-
tions made, for the giving effed: to fuch ne-
ceffary powers ^ without leaviiig it to the judg-
ment or will of the army^ to fay when that is
necefary, or what powers in fuch cafe, are ne~
cefary, — The feveral governors of the colo-
nies fliould have infliruftions, in cafe of fuch
emergency, to meet ^ and in council to give
eifed: to this command % with fuch powers
as they fliali judge neceffary and fafe to a
General commanding in chief, until his Ma-
jefly's pleafure can be known y that is to fav^
power of engaging in general expences ; of
ordering embargoes ; of demanding vefTels
and carriages 3 of calling upon the feveral
governments for their aid in troops, &c. -, of
preparing an army ; of taking poiieflion of
all pofts, forts, and caftles , (which, in the
ordinary courfe of the King's charters and
commiffions patent to his governors, mull
otherwife be under their commands^ ■ — and
cannot be taken from them., unlefs the char-
ters of the government can be Riperfeded)
and of having the command and difpofal of
all military ftores : —none of which powers
ought to refide in any one office, v/hofeju-
rifdidiion extends over alb North America,
and precedes the civil power of governor —
unlefs in fuch cafe of neceffity — unlefs con-
firmed (until his Majefty's pleafure'can be
H 4 known)

( 104 )

known) by fuch council; and under fuch
reftridlions, as the prudence of that council
would fee proper : Under fuch an eitabliili-
ment, every cafe of fervice that could arife,
is provided for; and every cafe of danger
that might arife from a predominant military
power, is guarded againfl.

I mufl: the rather fuppofe that the mili-
tary eftablifhment, will have that mode given
to it ; as already the commander in chief, (as
the commiffion now ftands,) is fpecially in-
ftradled, in ^^ making any fuch preparations
as fliall be neceflary, and are not contained
in his general inftrudions, that he {hall take
the opinion and affiflance of the governors."

SECTION IV.
'T^e State of the Courts of fudicatiire.

Review and fettlemcnt of doubted
points, is no where more neceflary,
than in the maxims and rules of their law,
and the flate of their courts. It is a rule uni-
verfally adopted through all the colonies, that
they carried with them to America the com-
mon law of England j with the power of fuch
part of the fcatutes (thofe concerning eccle-
liaftical jurifdid:ion, and the local municipal
regulations of the realm, excepted) as were
in force at the time of their eftabliihment :
but, as there is no fundamental rule, whereby

tQ

( 105 )

to fay, what ftatutes are admiffible, and what
not ; if they admit all, they admit the full
eftablifhment of the eccieliaftical jurifdi6tion,
from which they fled to this wildernefs for
refuge. — If they once make a Giflind:ion of
admitting fome, and rejed:ing others -, v/ho
ihall draw the line, and where fhall it pafs ?
Belides, as the common law itfelf, is nothing
but the prad:ice and determination of courts
on points of law, drawn into precedents ;
where the circumftances of a country and
people, and their relation to the ftatutes and
common law differ fo greatly ; the common
law of thefe countries, muft, in its natural
courfe, become different, and fometimes even
contrary, or at leafl incompatible, with the
common law of England; fo as that, in
fome cafes, the determinations arifing both
from the ftatute and common law of the
realm mzifl be rejeBed. This renders the ju-
dicatories of thefe countries, vague and pre-
carious ', dangerous if not arbitrary : This
leads neceffarily (let what care will be taken,
in forming and enadiing their provincial
laws) to the rendering of the common law
of the country incompatible with, if not
contrary to, and independent of, the law
of the mother country -, than which nothing
can be more difadvantageous to the fubjed:,
and nothing more derogatory from the
power of the government of the mother

country ;

( io6 )

country j and from that fundamental maxlmy
that the colonifls fhall have no laws contrary
to thofe of the mother country.

I cannot avoid quoting here at length, a
very precife and juft obfervation of the au-
thor of the hiftory of New York. ** The
ftate of our laws opens a door to much
controverfy. The uncertainty vv^ith re-
fped: to them, renders property precarious,
and greatly expofes us to the arbitrary de-
cifion of bad Judges. The common law
of England is generally received, together
with fuch ftatutes as were enadted before
we had a legiilature of our own ; but our
courts exercife a fovereign authority in
determining, what parts rf the coinmon and
fiattite law ought to be extended ; for it
muR be admitted, that the difference of
circumilances neceffarily requires us, in
fome cafes, to rejeB the determination of
both. In many inftances, they have alfo
extended even a6ls of parliament, pafled
fince we have had a diftind: legiflation,
which is greatly adding to our confufion.
The prad:ice of our courts is not lefs
uncertain than the law. Some of the
Englifh rules are adopted, others re-
jed:ed. Two things therefore feem to
be abfolutely necelTary for the public fe-
curity.

" Firfl.

( I07 )

*' Firfl:, l^he fajjing an aB for fettling the
** extent of the Englijh laws.

" Secondly, That the courts ordain a ge-
*' neral fet of rules for the regulation of the
*' praftice."

From this reprefentation of things, by an
eminent prad:itioner in thofe courts, it muil
be feen that fomething is wanting, to fix

determinateiy the judicial powers. But

from a further review, made by government
here, it will be found that much more is
wanting. — Firft, to determine (I do not at
all take into coniideration which way it be
determined I only I fay it will be neceifary
to determine) feme points on this head,
which are, and will otherwife remain in dif-
pute : but v/hich ought, by no means, to
be fuffered one moment to remain in dif-
pute.

The crown diredls its governor, to ere(5l
courts, and appoint the judges thereto.—
The ad:ual appointment of the judges, is no
where direBly difputed. — But the power of
eredling courts, according to this inftrudiion,
is, I believe, univerfally difputed : it being a
maxim univerfally maintained by the Colo-
nifts, that no court can be ereded, but by
ad of legiflature.-— Thofe who reafon on the

fide

( io8 )

fide of the crown fay- — that the crown does
not, by erecting courts in the colonies, claim
any right of ena6ling the jurifdid:ion of
thofe courts, or the laws \vhereby they are to

ad:.— The crown names the judge 3 efta-

blifhes the court j but the jurifdidion is fet-
tled by the laws of the realm : — and
*' ^ cuftoms, precedents, and common ju-
*' dicial proceedings of a court, are a law
"^ to the court; and the determination of
*' courts, make points to be law." — — The
reafoning of the Colonifts would certainly
hold good, againil: the ered:ion of any new
jurifdi(flion, eitablilhed on powers not known
to the laws of the realm : but how it can be
applied to the oppofmg the ellabliihment of
courts, the laws of whofe pradice, jurif-
didtion and powers, are already fettled by the
laws of the realm, is the point in ijfiie, and to
be determined. It will then be fixed, beyond
difpute, whether the crown can, in its colo-
nies, ered:, (without the concurrence of the
legiilature,) courts of Chancery, Exchequer,
King's Bench, Common Pleas, Admiralty,

and Probate or Ecclefiaflical courts. ^-If

it fhould be determined in favour of the
reafoning, and the claims of the Colonics ,-
I fhould apprehend that the confideration of
the points under this head, would becomie an
objcrd; of government here, even in its legif-

* Rep. 16. 4. Rep. 53, fol. 298.

lative

( 109 )

lative capacity. —In which view it may be

of confequence to confider, how far, and on
what grounds, the rights of the crown are
to be maintained by courts of King's Bench,
&c. : and how far the revenues by courts of
Exchequer j and how far the crown and fub-
jed: may have rehef, by courts of equity.—-
If in this view we confider the defeats which
miuft be found in Provincial courts j thofe
point out the neceflity of the eftablifh-
ment of a remedial general court of Appeal ;
but if we view the only mode of appeal,
which at prefent exifts j we {luall fee how
inapplicable, how inadequate that court is.
I cannot, in one view, better defcribe the
defeats of the provincial courts in thefe in-
fant governments, than by that very defcrip-,
tion vv^hich my Lord Chief Juftice Hales
gives of our county courts, in the infancy of
our own government : wherein he men-
tions,

" Firjl, The ignorance of the judges, who
" were the freeholders of the county.

** Secondly, That thefe various courts bred
" variety of lav/, efpecially in the feveral
" Counties ; for the decifions or judgments
" being made by divers courts, and feveral
** independent judges and judicatories, who
" had no common intereil amongll them

" in

( no )

" in their feveral judicatories; thereby^ in
*' procefs of time,- every feveral county,
** would have feveral laws, cuftoms, rules,
** and forms of proceedings,'

" thirdly. That all the buiinefs of any
^' moment was carried by parties and fac-
*' tions, and that thofe of great power and
'^ interefl: in the county did eafily overbear
*' others in their ovv^n caufes, or in fuch
*' wherein they were interefted, either by
*^ relation of kindred, tenure, fervice, de-
*' pendence, or application."

Upon the firft article of this parallel, it
will be no difhonour to many gentlemen fit-
ting on the benches of the courts of law in
the colonies, to fay, that they are not, and
cannot be exped:ed to be lawyers, or learned
in the law. And on the fecond article it is
certain, that although it be a fundamental
maxim of colony adminiftration, that the
colonies fhall have no laws contrary to the
laws of Great Britain ; jQty from the fluc-
tuation of refolutions, and coofuiion in the
conflrudiion and practice of the law in the
divers and feveral colonies ; it is certain, that
the pradlice of their courts, and their com-
mon law, mufl be not only different from
each other, but in the confequence different
alfo from that of Great Britain. In all the

colonies.

( ni )

colonies, the common law is received as the
foundation and main body of their law : but
each colony being vefied with a legiflative
power, the common law is thereby conti-
nually altered : fo that (as * a. great lawyer
of the colonies has faid) " by reafon of the
" diverfity of the refolutions, in their re~
*' fped:ive fuperior courts j and of the feve-
*' ral new ad:s or laws made in their affem-
*' blies feverally j the feveral fyllems of the
*^ laws of thofe colonies grow more and
" more variant, not only from one another,
*' but alfo from the laws of England."

Under the third article, I fear experience
can well fay, how powerfully, even in
courts, the influence of the leaders of party,
have been felt in matters between indivi-
duals. But in thefe popular governments s
and where every executive officer is under a.
dependence for a temporary,, wretched, and
I had almoft faid, arbitrary fupport, to the
deputies of the people j — it will be no in-
juftice to the frame of human nature, either
in the perfon of the judges^, of the juries, or
even the popular lawyer, to fuggefl ; how
little the crown, or the rights of govern-
ment (when oppofed to the fpirit of demo-
cracy,, or even to the paffions of the popu-

* Mn Pratt of BofloDj afterwards Chief Juftice of
New York.

lace)

( JI2 )

lace) have to exped of that fupport, malii»
tainance, and guardianfhip, which the courts
are even by the conftitution fuppofed to hold
for the crown — Nor would it be any injuftice
to any of the colonies, to remark in this
place, how difficult, (if ever practicable) it
is, in any of their courts of common law,
to convidl any perfon of a violation of the
laws of trade, or in any matter of crown
revenue. Some of our adis of parliament
direift the profecution and puniihment of the
breach of the laws of trade, to take its courfe
in the courts of Vice-admiralty : And it has
been thought by a very great prad:itioner,
that if the laws of trade, were regulated on
a pradicable application of them to the ftate
of the colony trade 5 that every breach of
them, ihould be profecuted in the fame way.
That there fliould be an advocate appointed
to each court from Great Britain : who, hav-
ing a proper falary independent of the peo-
ple, fliould be directed and empowered to
profecute in that court, not only every one
who was an offender, but alfo every officer ,
of the culloms, who through negledt, collu-
iion, oppreffion, or any other breach of his
truft, became fuch. Here I own, was it not
for the precedent already eftablifhed by fome
of the laws of trade, I fhould doubt the
coniiflency of this meafure, with the general
principle of liberty, as eflablifhed in the

trials

( 113 )

trials by a jury In the common law courts.
If thefe precedents can reconcile thefe pro-
ceedings to the general principles of liberty;
there can be no more eifecflual meafure
taken : yet fuch precedents fhould be ex-
tended with caution. The defed: in moil,
and a6lual deficiency in many of the colo-
nies, of a court of equity i does ilili more
forcibly lead to the ncceffity of the mea-
fure of fome remedial court of appeal and

equity. — In all the King's governments,

fo called, the governor, or governor and
council, are the chancellor, or judges of the
court of chancery. — ' — But fo long as I un-
derftand that the governor is, by his general
inftru6tion, upon found principles of policy
and juftice, reftrained from exercifing the
office of judge or juftice in his own perfon ;
I ov/n I always conlidered the governor's
taking up the office of chancellor, as a cafe
labouring with inexplicable difficulties. How
unfit are governors in general for this high
office of law— and how improper is it, that
governors fhould be judges ; where perhaps
the confequence of the judgment, may in-
volve government, and the adminiftration
thereof, in the contentions of parties. In-
deed the fad: is, that the general diffidence
of the wifdom of this court, thus confli-
tuted ; the apprehenfion that reafons of go-
vernment, may mix in with the grounds of
Vol, L I the

( 114 )

the judgment; have had an effed, that the
coming to this court, is avoided as much as
poffible : £o that it is almoil in difufe, even
where the eflabhfhment of it is allowed.
But in the charter governments, they have
no chancery at all. I mufc again quote the
opinion of "^" a great lawyer in the colonies : — •
*' There is no court of chancery in the char-
'^ ter governments of New England," [and
I believe I may add alfo in Penfylvania]
*' nor any court vefted with powder to deter-
** mine caufes in equity, iave only that the
** juilices of the inferior court, and the juf-
*' tices of the fuperior court refpediively,
" have power to give relief on mortgages,
"-bonds, and other penalties contained in
" deeds : in all other chancery and equit-
" able matters, both the crown and the fub-
*' ]tdi are without redrefs. This introduced
'* a pradiice of petitioning the legiilative
" courts for relief, and prompted thofe
*' courts to interpofe their authority. Thefe
" petitions becoming numerous, in order to
'* give the greater difpatch to fuch bufmefs,
** the legiilative courts tranfad:ed fuch bu-
*^ iinefs by orders or refolves, without the
"■ folemnity of paffing adis for fuch pur-
'• pofes J and have further extended thi?
** pov/er by refolves and orders, beyond
" what a court of chancery ever attempted

* Mr. Pratt.

" to

( 115 )

'* to decree, even to the fafpending of put)-
*' lie laws : which orders or refolves are not
** fent home for the royal affent. The ten^
*' dency of thefe meafures is too obvious to
** need any obfervations thereon.'* Nor do
I fee how this meafure of proceeding can be
ventured upon in the colonies, or fuffered to
continue by the government here, if it be
fuppofed that by i Hen. 4. 14. " it is ac-
** corded, and affented, that no appeal be
" from henceforth made, or in any w*ife
*' purfued in parliament in time to come."
The general apprehenfion of thefs defects
occaiioned, that at the firil planting of the
colonies, the King in council here in Eng-
land was eflablifhed as a court of appeals

from the provincial judicatories. ^At the

time of fettling thefe colonies, there was no
precedent of a judicatory befides thofe within
the realm ; except in the cafes of Guernfey
and Jerfey; Thefe, remmants of the dutchy
of Normandy, were not united to or v/ithin
the realm : according to the cuftom of Nor-
mandy, appeals lay to the Duke in council ;
and upon this ground, appeals lay from the
judicatories of thefe iflands to the King here,
as Duke in council ; and upon this general
precedent (v/ithout perhaps attending to the
peculiar cafe of the appeal, lying to the
Duke of Normandy, and not to the King)
was an appeal from the judicatories of the
colonies to the King in council fettled.—-
I 2 Buf.

( ^^^ )

But, belides the inapplicablenefs of iach
appeal to the modes of the Englifh lav/ ;
befides, that this appeal does not adually
take place in general ; and is in fome of the
charter colonies aftually excluded, except in
perfonal a6:ions, wherein the matter in dif-
ference exceeds 300/. fterling; beiides

the difficulty of this appeal, and the inef-
ficiency of this redrefs,* — the King in coun-
cil never being, by the conftitution, in any
other cafe, between fubjedt and fubjed:^
formed as fuch a court of appeal from the
courts of law — this body fcarce ever, in the
temporary and occalional fittings, looks like
a courts but is rather accidentally or par-
ticularly, than officially attended.

Thefe general apprehenfions and reafon-
ings, upon experience, have led many very
knowing and difpafiionate men in the colo-
nies, into a convidiion of the necejjity of fome
eftablijhed and conftitiitional court of appeal
and redrefs : and the following meafure has*

o

not only been fuggefted, but even taken up as
matter of coniideration by fome of the ablelt
lawyers in that country— namely, " the ef-
** tabliihment of a fupreme court of appeal
** and equity ; not confined to any one go-
** vernment, but circuiting through a certain
** diftric5t of governments ; perhaps as fol-

* Api^eals, in maritime caufes, from the civil law
courts of admiralty, aie of another nature. . .

2 *' lows ;

1 17

lows J one to Nova Scotia, and New Eng-
land ; one to New York, New Jerieys,
Penfylvania, and Maryland 5 one to Vir-
ginia, the Carolinas, and Georgia. It has
been imagined, that this court fliould be
eftabliflied by a commiffion iffued to two
or more peribns for each diilrid:, learned
in the law, not only of the mother coun-
try, but of the feveral governments in its
faid diftrid: : that this commimon fliould
give full powers of a court of chancery ;
with power alfo of judging on matters of
law ; to be brought before this court, by
writ of error, from the feveral fuperior
courts of the diftrict, which tliis extended
to. — Such court would become an efla-
bliihed court of appeals and redrefs^ v/ould
regulate all the courts of lav/, fo that they
could not exceed their jurifdidion : would
have a general fuperintendency over all
inferior courts : would tend to eftablifh
fome regularity, and introduce a confor-
mity, not only amongil the courts them-
felves, of the different colonies -, but a
conformity alfo to the courts of the mo-
ther country, in the conftru6i;ion and dif-
penfation of law : fuch court would (m/ore
than any other meafure) not only tend to
preferve the laws, and prad:ice of law in
the colonies, under a conititutional con-
formity to the laws of the mother coun-
try 5 but v/ould alfo maintain that depen-
I 3 */ dmcy

( iiS )

** dency therein, which is of the ellence of
** colony adminiflration."

There are gentlemen on this iide the wa-
ter; who feeing that this meafure is not with-r
out defed: ; and not feeing the neceffity of a
court of chancery at all, as there is nothing
contrary to the fundamentals of law, that
thefe law-courts already eftabliihed iliould
equalize, (if 1 may fo exprefs myfelf ;) think,
that inilead of eftabliftiing any new courts of
chancery j it would be very proper to abolifh
even thofe already eftabliilied — -extending the
power v/hich the law-courts already take in
chancering-bonds, &c. by impowering them
to equatize : and after that, to take fuch
meafures as may beffc efcabli{h a fixt and con-
ftitutional court of appeals here in England.

SECTION V. •

'J'he feparation of the governor s coimcil of
fate J, from the council as one branch of the
legiflatiire.

^ E N S I B L E of the danger of innova-
j^^' tions, and abhorrent from tampering in
experiments of politics ; I mention the fol-
lowing, rather as a matter of fpeculation,
than to recommend the trial : yet I cannot
but cbferve, that while the conftitutions of
the governments of the colonies, take fp ex-
actly

( 119 )

a6tly the model of the Britifh conilitution ;
it always iiruck me as a ilrange deviation, in
this one particular, that the governor's coun-
cil of fcate, although a diftin6l, and I had
alniofl faid an incompatible board with that
council which is one branch of the legifla-
ture ; is y€t ahvays conftituted of the fame
perfons, in general nominated, and liable to
be fufpended, by the governor. — - — One may
fee many advantages, (befides the general
conformity to the government of the mother
country,) in having thefe boards diftindl in
their perfons, as well as in their office. If
the council of ftate remaining under the
fame conflitution as at prefent, was compofed
of men of the beil experience, fortune, and
intereft in the colony; taken in common
from the legiflative council, the houfe of re-
prefentatives, or the courts , while the mem-
bers of the legiflative council, independent
of the governor for their exiflence, had all
and only thcfe powers which are neceffary to
a branch of the leoiilature: much weig-ht

o ... . ^

would be added to admioiftration, in the
confidence and extent of intereft, that it
would thereby obtain : and' to the legiflature,
a m.ore true and political diftribution of
power : which, inilead of the faife and arti-
ficial lead, nowheld up by expedients; w^ould
throw the real and conftitutional balance of
powerj into the hands of government.

I 4 CHAP.

( I20 j

CHAP. V.

^he quejlion of internal taxation Jlated as it
lies in the aBiial conjiitution of our Colonies,
and the procedure of our gover?pnent to-
wards external corporate communities of the
like nature. — 'This fate poi?ited fo as to lead
to a general ujiion of all the parts of the
Britijlo dominions,

'AVING thus far examined into the
principles of the conftitutions of the
colonies, in that relation, by which they
flood connedied with the King as fovereign :
and having reviewed thofe points of colony
adminiftration which derive from thence,
marking in the courfe of that review fuch mat-
ters as feem to require the more immediate
attention of government : I will proceed to
examine thofe conftitutions, in that relation,
by which the colonies are fuppofed to be
connedied to the parliament i to the Em-
pire— not only of the King, as Sovereign i
but to the Empire of Ring, Lords, and'
Commons, colleBively taken ; as having the
whole fupreme power in them. The pre-
dicament in which the colonies fcand, as to
their allegiance to the King, is that point
which mufl mark out the mode of execu-

( 121 )

the admin iilration, by which they iliould
be gisverned : but the precife fettlement of
th's relation and connetftion, between them
and the colledtive Sovereignty as above ^ — is
ihe only ground on which thofe points which
have lately come into difpute between the
government of Great Britain, and the peo-r
pie of the colonies, can be decided and
iixed.

How much foever the colonies, at their
iirft migration, may be fuppofed to have
been, or were in fa(5t, without the Realm,
and feparated from it j yet, from the very
nature of that union of the community, by
which all civil fociety mufl lublift ; they
could not have migrated, and been abfolved
of their communion and connection to the
Realm, without leave or licence : They had
fuch leave, according to the then forms of
the conflitution ; and the terms w^ere> that
the fociety, community, or government
which they ihould form, fliould neither ad;
nor become, any thing repugnant or contrary
to the laws of the Mother Country. Here
therefore is an exprefs fubordination to a ceir
tain degree — The Colonifts allowed the fub-
ordination I but held their allegiance, as due
only to their fovereign Lord the King. — -
The dired: and necelTary confequence of this
fubordination, if taken in the firfl: fenfe muil

be.

( 122 )

be, that the legiHatiire of England (after-
ward Great Britain) muil; have power to
make laws which fhould be binding upon
the Colonies : contrary or repugnant to
which, the Colonies could not ad:, either in
their legillative, or executive capacity-— con-
trary to which, they could neither fettle nor
trade. But if this fubordination be under-
ftood as to the King as Sovereign of their
diftind; community in partibus exteris —
diun Rex (as I ilated above) ei profit ut ca^
put ijlius pQpuh 72071 ut cdput alterius populi
— the relation and dutv is of a different na-
ture.

In the 9i\'9i attempts, indeed, which par-
liament made to exercife this power of fo-
vereignty, in aiferting the right v/hich the
people of the realm had, over certain pof-
feffions in America, again (1: the exclufive
claim^ which the King ailumed in the pro-
perty of it— They were told, that it was not
proper for them to make laws about Ame-
rica, which was not yet annexed to the
crown, by that expreffion, meaning the Im-
perium or flate of the kingdom, but was of
the Kingr's forei<rn dominions, in the faine
manner, as Gafcoigne or Normandy were ;
that they had no jurifdidion over thofe do-
minions : and the attempt was dropt. In a
fecond attempt, (wherein they-, took up the
5 petition

( ^n )

petition of feme fettlers of Virginia 5) upon
the Speaker's reading a letter from the King,
the petition was withdrawn— and we 6nd
no more of the parliament, as the conilitu-
tional legiflature oi the kingdom, interpof-
ing in thefe affairs, until after the reftp-
ration,

In the year 1643, w^hen the two Houfes
of Lords and Commons, had affumed the
fovereign executive power of government,
■and were, in fad:, the ading fovereign y they
made an ordinance Nov. 2. * ** Whereby
" Robert Earl of Warwick is made Go-
" vernor in Chief, and Lord High Admiral
" of thofe Iflands and other plantations,
" inhabited, planted or belonging to any,
" his Majefty's the King of England's fiib-
'^ jed:s, witiiin the bounds, and upon the
" coafts of America." At which time, a
-[- committee was appointed, for regulating
the Pla?j.tatw/is—''V\\Q colonies indeed, by
this ordinance, changed their Sovereign —
But the fovereignty v/as exercifed over them
in the fame m.anner, and in the fame fpirit,
as the King had attempted to exercife it, by
his commiiflion of 1636, for regulating the

* Scobel's A«Si:Sj and Journals of the Houfe of
Comnions, Nov. 2,

f Journals of the Houfe of Gommons, Nov. i.

Plantations,

( 124 )

Plantations. -«^That is, the parliament, (not
as legiflatnre, but as fovereign,) afTumed the
fame power of making law«, ordinances, &c.
for the Plantations : nay, went one fl:ep fur-
ther, in 1646, and charged them with a tax
by excife. In 1650 the patent, or commif-
iion, of 1643, was revoked j and the fame
power was lodged in the council of iliate 1
who had power ^ " to grant commiffion
*^ or commiffions to fuch perfon or perfons
** as they fhall think fit, with power to en-
*' force all fuch to obedience, as do or {hall
'* ftand in oppofition to the parliament, or
'* their authority : and to grant pardons,
*' and to fettle governors in all, or any of
" the faid iflands, plantations and places ;
•* and to do all juft things, and to ufe all
** lawful means to fettle and preferve them
" in peace and fafety, until the parliament
" ihall take further, or other order therein -,
'^ any letters patent, or other authority,
■' formerly granted or given, to the con-
^' trary notwithflanding/'

During the adminiftration of this fove-
reign ty 3 an -f- ad: paifed in 1646, exempt-^

* Scobell's A as.

t Note, Thefe afls or ordinances became the
ground-work of that a£l of parliament, after the re-
itoration, which was called the navigation aft, of
"which \ye fQall take notice, in its proper place.

( 125 )

ing'the plantations from all culloms, fubli-
dies, taxation, impolition, or other duty,
except the excife : provided, their trade was
carried on in Englifh bottoms ; otherwife,
they were made liable to all thefe duties.
Alfo, in -f- 1650, when the lilands of Bar-
badoes, Bermudas, and Antego, and the
country of Virginia, continuing to hold for
the King, were coniidered as in rebellion ^
all commerce with them v/as prohibited.
At which time alfo, in the fame adt, *' all
** fhips of foreign nations, were forbid and
*^ prohibited to come to, or trade in, or
*' traffic with, any of the Englifli planta-
" tiohs in America, or any iilands, ports,
*^ or places thereof, which are planted by,
" or in the polTeffion of the people of this
** commonwealth, Vv/ithout licenfe firfi: had
" or obtained from the parliament, or
** council of ilate/'

If we confider the parliament adling here,
as the fovereign, not the legiflature j if we
could look upon it as lawful, or de fa6to fo-
vereign, for the time being; yet v/e fliould
certainly view every exertion of its pov/er,
in the fame light, and ihould examine it by
the fame principles, as we did thofe of the
King, as fovereign, exercifed in the iHuing

■\ See the preceding Note.

his

( 1^6 )

his grants, charters, or commiiTions. And
if we doubt whether the Kifig, as laWful
ibverei^yn, could legally himfelf iexercife, or
comrPiiirion other perfons to exercife, thofe
powers, afiumed in his commiffion of 1636,
of making laws, ordinances and conftitu-
ffons for the plantations -, coniidering the
inherent, natural and efliabliihed rights of
the coionifts — we may a fortiori^ by much
more powerful objedlions, doubt the right
of thefe powers in the two houfes, called
then the parliament, afting as fovereign.—
No precedent therefore can be drawn from
this period.

We have ittn above how at one time
the Kins; as fovereig-n, without the inter-
vention of the parliament, alTumed a right,
both adminiflrative and legillative, to govern
the colonies. — We have feen hov/ the par-
liament, without the intervention of the
King's commiffion, alTamed as fovereign
the fame powers — But whatever the natural
or efliablillied rights and liberties of the
colonies were, at their firft migration, they
could not be faid, to be legally fufpended,
abridged or altered by thefe aiiumptions of
power.

Upon the redoration of the monarchy,
when many of the rights of the fubjecfl,

and

■C 127 )

and of the conftitution were fettled j tl?g
conjlitution of the colonies, trceived their great
alteration : the King participated the fove-
reignty of the colonies with the parliament i
the parliament in its proper capacity, was
admitted to a Ihare in the government of
them : The parliament then fir ft, taking up
the idea, indeed very naturally, from the
pov/er they had exercifed during the com-
monwealth ; that all thefe, his Majefty's
foreign dominions, and " all thefe, his Ma-
*' jefty's fubjedts," were of or belonging to
the realm , then firft:, in the proper capacity
of legiilature, (fupreme legillature of tlie
realm,) interpofed in the regulation and go-
verning of the colonies. — And thencefor-
ward, from time to time, fundry ad:s of
parliament were made, not only (ift) for
regulating the trade of the colonies ; but
alfo (adly) for ordering and limiting their
internal rights, privileges and property j and
even (3dly) for taxing them.-— In the courfe
of which events ; while the Colonifts con-
fidered this principle as the Palladium of
their liberties, viz. that they were to be
ruled and governed only by adls of parlia-
ment, together with their own laws not
contrary to the lav/s of England ; the King
in the fame courfe of events called in the
aid of parliament, to enable him to regulate
and govern the colonies.— 'The Britiih mer-
chants

( 128 )

chants at times applied to parliament, or!
the affairs of the colonies : and even the
Weji India Planters applied to the fame
power, to carry a meafure againfl the colo-
nies of North America. Hence we find
enaded, in the courfe of thofe events,

I. The navigation ad: 5 the fugar, and
other ads, for regulating and reflraining
the trade of the colonies.

II. Alfo Ads, I. altering the nature of
their eftates, by treating real eflates as
chattels. 2. Retraining them from manu-
fadures. 3. Regulating their money. 4.
Altering the nature of evidence in the
courts of common law; by making an af-
fidavit of a debt before the Lord mayor in
London, &c. certified in writing, an evi-
dence in their courts in America. 5. Dif-
folving indentures ; by difcharging fuch of
their fervants as fliould enliil" in the King's
fervice,

III. Alfo Ads, fixing a tax upon Ame-
rican failors, payable to the Greenwich Hof-
pital. 2. Likewife impoling taxes 3 by the
feveral duties payable on fundry goods,
if intended as materials of trade, to be
paid within the province, or colony, before
they can be put on board, for exportation.

3. Alfo,

( ^29 )

j. Alfoj, the revenue ariling frorh the duties
payable on the poftage of letters, 4. Alfo,
the tax of quartering foldiers^ and fupplving
them in their quarters. Laftly, efcablifh-
ing the claim which Great Britain makes,
of taxing the colonies in all cafes whatfo-
ever, by enafting the claim into a declared
right, by a6l of parliament.

From the uncontroverted, and imiverfal
idea of the fubordination of the colonies to
the government of the mother country ;
this power, by which the parliament mak-
eth laws that (hall be binding on the co-
lonies, hath been conftantly exerted by the
government of England, (afterwards Great-,
Britain) and fubmitted to by the colonies.
The fundamental maxim of the laws of
tliofe countries, is; that ift, the common
law of England -, together with fuch fta-
tutes (the ecclefiaftical lav/s and canons ex-
cepted) as were enafted before the colonies
had a legiilature of their owd— 2dly, The
laws made by their own legiilature -, toge-
ther v/ith 3dly, fuch adis of parliament, as
by a fpecial claufe are extended to America,
fince that time ; are the laws of each pro-
vince or Colony. The jurifdid:ion and
power of every court eflabliihed in that
country; the duty of every civil officer; the
procefs of ^-itx-^ tranfadiion in lav/ and buii-

VoL. I. K nefs '

( I30 )

nefs there ; is regulated on this principle.
Nay further, every *" ad of parliament pall-
ed lince the eftabliihment of the colonies ;
which refpeBs the general police of the realrn^
or the 7-ights mid liberties oj the JubjeBs of the
realm .; although not extended by any fpe-
cial claufe to America by parliament -, al-
though without the intervention, or exprefs
confent of their own refpeclive legiilatures

, or reprefentatives -, hath been ccniidered,
and I may venture to fay adopted, as part of
the law and conftitution of thofe countries :-
but by what principle of our conftitution ;
by what maxim of law ; this lafl pracftice
hath been eftabliihed, is not fo eafy to af-
certain ^ any more than it will be eafy to fix
any rule, when the colonies Ihall adopt, or
when they may refufe, thofe kind of laws
of the mother country. This arifes, (as I
have faid,) from fome vague indecifive idea
that the colonies are of, or fome parts of;,
the realm. ; but how, or what parts, or whe-
ther any parts at all, has never yet been tho-
roughly examined.

X We have fcen what was, in reality, the
dependance and fubordination of the colo-
niPcs to the King, while they v/ere fup-
poled to be fubje(ft to hiin in a feign oral ca-
pacity— — We have it^xi v/hat muft have

* As the bill of rights, the 7th Wil. 3, ccc.

been

i ^3^ )

been the fame fubordination, while they
were fuppofed to be fubjedt to the two
houfes of Lords and Commons, as fove*
reign in the fame capacity. — Let it be ob*
ferved from the tenor of what I have faid
above- — that my idea here extends only to
the fadt, does not go to any deeiiion of the
right.

Let us take up the next idea, that while
they are not of the body of the realm, while
they are no parts or parcel of the fame ; but
bodies corporate and politick, diftind from
and without the realm : * '^^ They are ne-
verthelefs, (as the ad; of parliament ex-
prefTes itfelf ) and of right ought to be
fubordinate unto, and dependant upon
the imperial crown of Great Britain,
[i. e. the realm ;] and that the King's
Majeity, by and with the advice and con-
fent of the Lords fpiritual and temporal,
and Commons of Great Britain aifembled
in parliament -, had, hath, and of right
ought to have, full power and authority,
to make laws and ftatutes of fufficient
force and validity, to bind the colonies
and people of America, fubjects of the
crown of Great Britain, in all cafes what-
foever/'— In this idea we have a very dif-

* 6 Geo. III. c, IX.

K 2 ferent

( 132 )

/erent ilate of the relation ; namely, the
imperial crown of Great Britain, (the Kifig,
Lords and Commons^ coIIeBively taken,) is
jftated as fovereigjj, on the one hand, and
the CclG7iiJis as JubjeBs on the other.- — -

' There is no doubt, but that in the nature,
reafon, juftice and neceflity of the things
there muft be fomewhsre, within the body
politic of every government, an abfolute
power. The will of a free agent is abfo-
lute : but fo long as the principle of agency
is internal, exerted only over that which is
in effential communion with it ^ the will is
its own will — and is free becaufe its own
will is abfolute. The political freedom of
Great Britain, confiils in this power's being
lodged no where but in King, Lords and
Commons, in parliament aiTernbled. This
power is abfolute throughout the realm, ^ —
and yet the rights and liberties of the fub-
jed: are prefer ved ; as the Communitas Populi
is the body, of which this Imperium is the
foul, reafoning, willing, and ading, in ab-
folute and intire union with it, fo as to form
one political perfon.

This power is abfolute throughout the
dominions of the realm : yet in the exercife
of this povver, by the imperial crown of
Great Britain towards the colonies ; (that is.

( ^33 )

by the King's Majefty, with the Lords and
Commons in parliament affembled) if they
are not of this body of the realm ; but are
ilill to be coniidered as diftind: bodies ; fo-
reign, or extraneous parts, without the realm,
and the jurifdidion of this kingdom ; * there
is furely fome attention due to t/je nature and
extent of this abfolutenefs in this cafe, that
is to fay, when exerted over an agent ejcter-
nal, and not in communion with the will
and principle of agency.

If the people of the colonies, are no part
of the people, or of the body, of the realm
of Great Britain, — and if they are to be ftated
in the argument, as fubjed; to the King, not
as the head of that compound political per-
fon, of which they are in part the body ; fed
ut caput alterius populi, as wearing the im-
perial crown of Great Britain -, as the head
to which the realm of Great Britain is the
body, and of which body the parliament is
the foul, but of which the colonies are no
part — then this imperial fupremeniagiftrate,
(the colledlive power of King, Lords and
Commons,) mufl be flated as fovereign on
the one hand j while the people of the colo-
nies, iland as fubjedts on the other. — —

Taking the relation of the colonies to the

* i\.s Mr. Blackftone exprefies it in B. i . c. 3.

K 7 mother

{ 134 )

mother country in this view, (v/hen the ar-
p-ument is ftated in this manner,) we furely
may fay with exadnefs and truth, that if the
colonifts, by birthright, by nature or by efta-
bh(hment3 ever were entitled to all the
rights, privileges, liberties and franchifes of
Englifhmen ; the abfokite power of this
fovereign jnufi ha"ce fame bounds -, * mufl from
its own nature, from the very nature of
thefe rights of its fubjedis ; he Imiited in its
extenjion and exercife. Upon this ftate of
the cafe, queftions will necelTarily arife,
which I will not take upon me to decide ,
whether this fovereign can disfranchife fub-
jed:s, fo circumftanced, of their rights, be-
caufe they are fettled beyond the territorial
limits of the realm — whether thefe fubjedls,
thus circumllanced, can, (becaufe they are
fuppofed not to be of the realm,) lofe that
intereft in the legillative power, which they
would have had, if they were of, or within

the realm. —Whether this natural right

which they have to perfonal liberty, and to
political freedom, is inherent in them, *^ to
** all intents and purpofes, as tho' they had
" been born within the realm :" Or whe-
ther, " -f it is to be underftood, with very

* Vide The Reply of the Council of the Province
of MaCachufett's Bay, to Governor Hutchinfon's fpeech,

t As Mr. Blackftone exprefles it, Introdudion § 34.

** many

( ^3S )

^^ many and very great reftriBionsr Whe-
ther thefe people, from the nature of thefe
inherent rights and liberties, are intitled to
have, and have a right to require, a confti-
tution of the fame political liberty as that
which they left : or whether * " the whole
*' of their conflitutions are liable to be new
** modelled and reformed," at the will of
this fovereign : Whether the legiflative part
of their conftitution is (they being diftin(ft,
altho* fubordinate, dominions j and no part
of the mother country j) an inherent right
of a body of Engliflmien, fo circumftanced :
or whether it can be fufpended, or taken
away, at the v/ill of this fovereign ? In
ftating thefe doubts, I do not here add
the queflion, which hath of late been
raifed ; on the right which this fovereign
hath, or hath not, to impofe taxes on thefe
fubjedrs, circumftanced as above flated, with-
out the intervention of their own free will
and grant. — Becaufe, let thefe other quef-
tions be decided howfosver they may j this
flands upon quite other ground, and depends
upon quite other principles.

So long as the government of Great Bri-
tain claims a right to ad under this idea, of

* Mr. Blackftone, Ibid.

K 4 th^

( 136 )

the relation between the mother country and
the colonies 5 fo long as the colonies fhall be
efteemed in this relatiooj as ^* no part of the
^' mother country f fo long will the colonifts
think they have a right to raifc thefe quef-
tions : and that it is their duty to ftruggle in
the caufe, which is to decide them : fo long
v/ill there be fadion and oppolitionj inftead
of governm^ent and obedience.

But the matter , of perplexity is much
ilronser, in the queftions which have been

17-' jL

raifed, as to the right of impoling internal
taxes on the fubjed:^ fo Hated.

In the {■:kT£iZ manner as in the ad oi grant-
ing a general pardon, the King alone is the
originating and framing agent; while the
other two branches of the legiflature, are
only confenting thereto, that it may be an
ad of parliament j fo in 'i^at fame manner, in
the adt of granting fupplies, by impoiing
taxes on tiie people, the houfe of commons
is the fole originating and framing agent,
*' as to the matter, meafure and time 3"
while the King and lords ad only as con-
fentients, v/hen it becomes an ad of
parliament. In one cafe, the King ads as
chief m.agifcrate, reprefenting and cxerciling
the coliedive executive pov/er of the whole

realm :

( 137 )

feaiQi : in the other, the commons. acl, as
^^ granting for the counties, cities and bo-
•" roughs whom they reprefent *."

If in the adt of taxing, the parliament
adied fimply in its capacity of fupreme le^
giflature : without a?iy conJiJeratmi had to the
7/iatter of I'-eprefentation veiling in the com-
mons ; I know of no reafon that can be
affigned, why the refolve to give and grants
ihould not originate from, and be framed or
amicnded by, another branch of the legifla-
ture, as well as by the commons. The only
reafon that I find affigned ; and the only one
I venture to rely upon, for explaining that
right of the commons to originate, and
form the refolve of giving and granting,
and to fettle the mode of charging and im.-
pofmg taxes on the people, to make good
thole grants ; and to name commiffionerSj
who ihall adiually levy and colle6l fucli
taxes 5^ *' as a fundamental conlli tution /' is
that which the commons themfelves have
given ; that ** the commons grant for the
** counties, cities and boroughs whom they
^^ neprefenty' —2.nd. that the word *' grant,"
when fpoken of the lords, '^ muft be underr.
*' fcood only of the lords affent, to what the
*^ commons errant; becaufe the form of lav/
" requires, that both join in one bill, to

^ Comm, Journ. 1672.

f« give

( 138 )

** give it the force of law/'- Therefore,

previouily inferting this caution, that I do
not prefume to form an opinion, how they
reprefent the property of, or grant for the
lords ', and without reafoning on this mode of
the right j (" for it is a very unfafe thing in
*' fettled governments, to argue the reafon
*' of the fundamental conftitutions !") The
fadl is 3 that this right is ab initio, a funda-
mental conftitution, in that the co77imons
grant for the counties, cities and boroughs
whom they reprefent y and that they do, in
faSiy reprefent the property of the realm, al-
though copyholders, and even freeholders
within the precindis of boroughs, or within
the counties of cities, (not being freemen or*
burgefTes in fuch boroughs,) have no vote in
the election of them : — • — For the property
of the copyholder is reprefented by it's
lord ; and the property v/ithin the borough
or city, is actually reprefented by the cor-
poration, or body of freemen in fuch borough
or city, who chufe the member of parlia-
ment.

Although it fhould be willingly acknow-
ledged without difpute, by the Americans,
QMQi-i upon this ilating of the cafe; that the
legiilative power of parliament, extends
throughout America in all cafes whatfoever -,
yet, as to the matter, meafure and time, in

the

( ^39 )

the article of taxes, originating with, and
framed by the commons ; " granting for the
" counties, cities and boroughs whom they
** reprefent ;" — it would greatly relieve the
perplexity and doubts, which have raifed
queil:ions, ( much agitated ; ) if any one
could, according to this ftate of the cafe, anc^-
according to this reafoning ; ihow /^ow the
commons do reprefent the property in America^
when Jiated as being without the realm ; and no
part of any county, city or borough of the fame :
and how the freeholders of that property are
reprefented ; even as the copyholder and land-^
holder within a borough or city is reprefented.
* For, fo long as the cafe fhall be fo ilated,
that the Colonies are neither within the
realm, nor any part of it -, or of any county,
city or borough within the fame -, until it
can be pofitively demonftrated, either that in
granting fupplies, by impoling taxes, the
commons do not aB in virtue of their repre-
fenting the counties, cities and boroughs for
whom they grant ; or that in granting for
the counties, cities and boroughs whom they
reprefent, they do alfo reprefent the pro-^
perty of America; the people of America
will difunguifli their not acknowledging the
pov/er of the commons of Great Britain in
the cafe of granting for them, as a very dif-

^ yide the cafe of C heller, Appendix No. VII.

ferent

( HO )

ferent cafe, from that under which they
acknowledge their fabordination to the ieeii-
iative power of parliament. — Nay, further,
every reafon which the commons give for
that fundamental right of granting fupplies,
and impoling taxes on the counties, cities
and boroughs whom they reprefent ; and
every precedent which the commons alledge
for the exercife of this right j the people of
America will ufe, and alledge for and apply
to their own fpecial cafe, in a way that may
be very perplexing, unfafe and dangerous to
fundamental conftitutions. But all this per-
plexity and danger, arifes from limiting the
Coloniils as fubjeds of the realm ^ at the
fame time that the Colonies are ftated, as be-
ing no part of the realm ; as no otherwife
connected to it, than by their fubjedion.

On the other hand, let us review the flate
ef this matter, as it feems adually to have
flood. — If the ftate of it which we fhall re-
prefent, cannot and mufl not be fuppofed
right in law; may we be permitted to ilate
it, at kafl, as an hypotheiis ?

The Colonies, from their remote diiliance,
and local circumftances, could not have been
incorporated into any county, city or bo-
rough : at leaft fo it is faid : and yet, at the
iame time, they are fuppofed to be, and con-

fidered

( HI )

iidered as, within the diocefe of London.
The Colonifts were confidered, as having
gone forth from, and having quittfd the
realm i as having fettled on lands without the
realm.

The Colonies thus remote and feparate
from the realm, were formed, and incorpo-
rated into diftindl communities : were ereil-
ed into provinces : had the jura regalia
granted to them : were, in confequence
thereof, to all intents and purpofes, cou?ities
palatine j in like and as ample manner as the
county palatine of Durham was y fome mat-
ters of form excepted. They w^ere domi-
nions of the King of England ; although,
according to the language of thofe times,
'' not yet annexed to the crown." They
were under the jurifdidion of the King,
upon the principles of feudal fovereignty;
although confidered " '* as out of the ju?'if-
" diBion of the kingdom.'' The parliament
itfelf (doubting, at that time, whether it had
jurifdidion to meddle with thofe matters,)
did not think proper to pafs bills concerning
America.—- — -The Colonies had therefore
legillatures peculiar to their own feparate
communities : fubordinate to England ; in
that they could make no laws contrary to
the laws of the mother country : but in ail

* Blackftoncj B. i, c. $.

Other

( 142 ) '

other matters and things, reipeding theif
own internal rights, property and jurifdiiftion,
free, uncontrouled and compleat legiflatures,
in conjundion with the King or his deputy,
as part thereof.

When the King, at the reftoration, par-
ticipated this fovereignty over theje his foreign
dominions, with the lords and commons j the
Colonies became in faB, the dominions of
the realm— — became fubjeds of the king-
dom. — — They came, in facSt ; and by an
actual, conftitutional exercife of power ; un-
der the authority and jurifdiition of parlia-
ment : They became connected and annexed
to the ftate : By coming as parts of the Bri-
tifh realm, (not as a feparate kingdom,
v/hich is the cafe of Ireland j) under fub-
jedlion to the parliament ; they became par-
ticipants of the rights and liberties on which
the power of parliament is founded. By
the very a<£t of extending the power of par-
liament over the Colonies, the rights and
liberties of parts participants of the realm
muil: be alfo extended to them -, for, from
the nature of the Britifli conflitution, from
the conftitution of parliament itielf ; they,
as parts, can be fubjed: by no other mode,
than by that in which parliament can exer-
cife its fovereignty ; for, the nature of the
power, and the nature of the fubjedion,
muil be reciprocal. They became therefore
:; annexed^

( H3 ) - •

afinexed, although perhaps not yet united parts
oi the reahn. But to exprefs all that I
mean ; in a propolition that can neither be
mifanderilood, nor mifinterpreted ; they
from that moment (whatever v/as their prior
iituation) ftood related to the crown and to
the realm, literally and precifely, in the fame
predicament, in which the county Palatine
of Durham flood : that is, fubjedt to be
bound by adls of parliament in all cafes
whatfoever; and even '^ liable to all rates,
" payments and fubiidies granted by parlia-
** ment :" althoueh the inhabitants of thefe

o

countries, *' have not hitherto had the li-
** berty and privilege, of fending knights
" and burgelTes to parliament, of their own
" eledlion." And, in the fame manner alfo ;
becaufe in that, the inhabitants of the county
Palatine of Durham, were liable to all rates,
payments and fubfidies granted by parlia-
ment ', and were therefore concerned, (vv^ith
others, the inhabitants of this kingdom,) to
have knights and burgeffes in parliament, of
their own eleBioUy to reprefent the condition
of their country, as the inhabitants of other
countries had; it was by ad: of parliament
enacted, that they fhould have fuch : In
the fame manner, I fay, whenever thefe
colonies fhall be confidered in parliament, as
objeds of internal taxation ^ and be rendered
liable to rates, payments and fubfidies, granted

by

( 144 5

by parliament out of their property— ^~«»^
they v/ill become concerned, equally with
others the inhabitants of this kingdom, to
have knights and burgeffes in parliament,
of their own ekSiion^ to reprefent the condi-
tion of their country, as the inhabitants of
other countries have, and of right ought to
have. Although a right in parliament, to
make laws for governing, and taxing the
Colonies ; may and muft, in the order of
ti?ne, precede any right in the Colonies, to
a Ihare in the legiflature ; yet there mud:
arife and proceed, pari paflu, in the order
and nature of things^ a right in the Colonies
to claim, by petition, a iliare in the repre-
fentation, by having knights and burgelles
in parliament, of their own elediion, to re-
prefent the condition of their country. And
as in fuch circumftances, this right fhall
arife on one hand ; fo on' the other, it may
become a duty in government, to give them
power to fend fuch reprefentatives to parlia-
ment : nay, could one even fuppofe the Co-
lonies to be negligent in fending, or averfe
to fend, fdch reprefentatives ; it would, in
fuch cafe, as above fettled, become the duty
of government to require it of the?n.

Although from the fpirit and eifence of
our conftitution, as well as the adual laws
of it, *' the v/hole body of the realm, and

( HS )

" every particular member thereof, either
" in perfon, or by reprefentation, (upon
*■* their own free eledion) are, by the laws
" of the realm, deemed to be prefent in the
*' high court of parliament ^," yet as the
circumftances of the feveral members of
this body politic muft be often changing ;
as many acquiiitions and improvements, by
trade, manufadlures and Colonies, mufl
make great changes in the natural form of
this body ; and as it is impoffible, both
from the gradual nature of thefe changes,
and from the mode of the reprefentative
body, that this reprefentative body can, in
every inftance and moment, follow the
changes of the natural, fajjibus aquis ; it
muft necelTarily at times, from the nature
of things, not be an aSiiial reprefentatroe — -
although, from the nature of the confliitu-
tion of government, it muft, in the interim
continue to be, a juft and conftitiitional re-
prefentative. And hence, from the laws of
nature, as well as from the nature of our
own laws and conftitution, arife the juftice
and right, which parliament always hath
had, to render feveral members of the realm,
liable to rates, payments and fubfidies,
granted by parliament j although fuch
members have not, as yet, had the liberty

* I Jacobi I,

Vol, L L and

( H^ )

and privilege to fend knights and burgelFes
to parliament, of their own eledion. Yet
on the other hand, as the principle, that no
free people ought to be taxed, but by their
own confent, freely originating from, and
given by themfelves or their reprefentatives,
is invariable, abfolute and fixed in truth and
right ; fo the mode of the reprefentation in
parliament, hath from time to time, altered;
fo as to extend to, and to fuit the mode,
under which the reprefented were, from
time to time, found to exiil. Hence it was,
that many towns, boroughs, counties, and
even dominions, v/liich (from any thing
that did exifc, or was to be found in their
antiqiias hbe-rtates^ and lib eras confuetudmes,)
v/ere not previouily reprefented by members
of parliament of their own eledlion ; have,.
as they acceded to the realm, or encreafed
within the realm, ( ** {o as to be equally con-
*' cerned, to have knights, and burgeffes in
** parliament of their own election, to repre-
''' fent them equally as other inhabitants of
" the realm have," according to fuch modes
as were at the time admitted to be legal
and conflitutional,y beeri called to a fhare
in the common-council of the realm.
Hence it was that the county Palatine of
Durham, after many attempts, and a long
ftruggle, was admitted to the privilege of
fending knights and burgeffes to parlia-
ment ; — -

({ ■■^47 )

inent ;• — but of thi$ cafe enough has alrea^
4y been faid.

In the time of King Henry VIII. v/e iind
parliament reafoning and adling upon this
very principle in the cafe of the county of
Chefter. — 'The reafoning of parliament fets
forth "f-, " that the King's county Palatine
*' of Chefter, had hitherto been excluded
** out of his high court of parliament, to
*■' have any knights within the faid court. —
" By reafon whereof, the inhabitants had
" faftained manifold difherifons, loifes and
*' damages, as well in their lands, goods
*' and bodies, as in the good, civil and po-
*' litic government of their faid county, — -
*' That forafmuch as they have alway hi-
^^ therto been boimd by the aBs and JlatuteSf,
** made and ordained by th.^ King, by au-
" thori ty of the faid court, as far forth as
*' other counties who had knights and bur-
** geifes in parliament; — — and yet had
** neither knights nor burgelfes :~The in-
*^ habitants for lack thereof have been of-
"^^ ten tirnes grieved with. ad:s and ilatutes ^-j,
** made within the faid court derogatory to
*^ their ancient privileges and liberties, and
^'^ prejudicial to the commonwealth^ quiet-
^^ nefs, reft and peace of the King's bounden

t li, and 35 of Henry 8.
* Vide Appendixs No. VIL

L 2 " fubjeds

( h8 )

*' fubjeds inhabiting within the fame. For
** remedy whereof, the parliament aSfs^-
** and it is enabled, that the county of
" Chefler fhould have two knights, and
** the city two burgeffes, which knights
** and burgefles are to have the like voice and

** authority, to all intents and purpofes,

** the like liberties, advantages, dignities,

** privileges, &c. with other knights and

** burgefles."

Hear alfo, tbe reafomngy and view the
aBs of parliament, in the cafe of the acqui-
lition of the dominions of Wales *, fubjed: to
the imperial crown of, although not yet incor-
porated or annexed to, the realm of England.
The reafoning fets forth, that Wales ever
had been united and fubjed to the imperial
crown of the realm, and to the King, its

I'ery Head, Lord and Ruler. That the

principality and dominions, had rights, laws
and cufloms, different from the laws, &c,.
of this realm.

That the people of that dominion y had a
fpeech different from the tongue ufed in
this realm.

Thence fome ignorant people made a
diJlinBion between the King's JiibjeBs of the

* 27th of Hen. 8. cap. 6.

realm ;

( H9 )

rea(m y and his fubjcBs of the principality ^--^
His Highnefs, therefore, out of love to his
fubjeils of the principality, and to bring his
JlibjeBs of the realm and his fubjeBs of the
principality to concord and unity, by advice
of Lords and Commons, and by authority
of tlie fame hath enacted. That henceforth
and for ever, his faid country and dominion
of Wales, fliall be incorporated, united and
annexed to this realm of England : and that
all, fingular perfon and perfons, born, and
to be born in the faid principality of Wales,
fhall have, and enjoy all the fame freedoms,
liberties, rights, privileges and laws within
this his realm, and other the King's domi-
nions, as other the King's fubjedis, naturally
born within the fame, have, enjoy and in-
herit : and that knights and burgeffes fliali
be eled:ed, and fent to reprefent them in
parliament, with all the like dignity, pre-
eminence and privilege, as other knights
and burgeffes of the parliament have and
be allowed.

Wc alfo find, upon the acquilition of
Calais to the King's dominions, that King
Edward turned all the French inhabitants
out of it ; planted an Englijb Colony there ^
with all the rights, freedom, privileges, &c.
of natural born fubjedts within the realm;
L 3 and

( 550 )

and that this Colony fent hurgeffes to parlia*
ment.

Seeing then how exadtly, and to the mi-
nuteft circumftance fimilar, the cafe of the
Colonies et^eSled info provinces, is to thefe
counties Palatine -, to thofe acquired and
annexed dominions : can the fliatefman,
whether in admin iftration or in parliament,
reafon or ad: towards the Colonies in any
other mode, or by any other adts, than what
the foregoing give the wifeft: and happieft
examples of?

It is a firfl and felf-evident truth i with-,
out -which all reafoning on political liberty

is certd ratiom infanire — That a free people
cannot have their property, or any part of
It, given and granted away i?2 aids and fiib-
Jidies, but by their own confent ; iignified
by themfelves or their legal reprefentatives.
It is alfo, (as hath been marked before) an
undoubted principle and law of our con-
fliitution, that the whole body of the realm,
and every particular member thereof, either
in perfoHj or by reprefentation, (upon their
own free eledions,) are deemed to be per-
fonally prefent in the high court of parlia-
ment : And, that the King, Lords and
Commons aifembled in parliament, are the

CGmmuxie

( "SI )

cojW7iune conciliumy the common-council of

the realm ^ — the legal and conflitutionai

reprefentative of the v/hole body of the
realm, and of every particular member there-
of: having p erf ed: right, and full power and
authority to make laws and ftatutes of fuf-
iicient force and validity to bind the Colo-
nies and people of America, fubjedis of the
crown, in all cafes v/hatfoever. — — - But as
various external acquifitions and dominions,
may accede to this body, ftill remaining
without the realm, out of its jurifdiction ;
not yet annexed, united and incorporated
with the realm- — As various and divers new
interefted individuals, may arife and increafe
within the realm ; which, although conftitii-
tionally reprefented in parliament, cannot be
faid to have there aBually reprefentatives of
their own free election. — Let us look and fee
how government, to be coniiftent with itfelf
and its own principles, hath afted in fuch
cafes.

Parliament hath never ceafed to be deemed
the conflitutionai reprefentative of the whole
dominions of the realm : Hath never ceafed
to a<fl as the commune concilkim, both in the
cafe of making laws, which did bind thefe
fubjedis under this predicament ; as alfo, in
the cafe de auxilio qfftdendo -, and rendered
them liable to ail rates, payments and fjb-
L 4 iidies,

( 152 )

fidies, granted by parliament : Yet on the
other hand, ( *' thefe fubjedts being equally
" concerned to have reprefentatives in parlia-
^^ ment, of their own elcdiion, as other inha-
** bitants of thereahn") Parliament hath al-
ways given them power to fend fuch^ when
they have arifen to an importance, and a {hare
of intereil in the ftate, which could juflify the
rneafure. On this principle, and by this
proceeding, has the number of reprefenta.-
tives in parliament, increafed from between
two and three hundred, to above five hun-
dred.

In other cafes ; as in the cafe of the Ame-
rican Colonies, where thefe acquifitions in
fartibus exteris, have been deemed fo far fe-
parate from the kingdom ; fo remote from
the realm, and the jurifdidlion thereof; that
they could not have been incorporated into
any county, city or borough within the
realm ; that the fliate and condition of their
country could fcarcely be faid to be within
the adtual cognizance of parliament ; where
the local internal circumftances of their
property, could fcarce fall within the ways
and means adopted by parliament for taxes—
where the peculiar nature of their efbabliih-
ment required the conflant and immediate
prefence of fome power to make orders, or-
dinances and laws, for the prefervation ancj

well

( 153 )

well government of thofe countries — There
government hath conftantly and uniformly
eftablifhed and admitted the governor, coun-
cil and reprefentatives of the freeholders of
the country aifembled, to be a full and per-
fect legiflature, for the making lav^s and im-
pofmg taxes in all cafes whatfoever, ariling
v^ithin, and refpedting the body of that
community — full and perfed: within itfelf, to
all the purpofes of free debate, free will, and
freedom of enadting — although fubordinate
to the government of the mother country,
as being bound by its laws ; and not capable
to ad:, or to become any thing contrary or
Repugnant to it. Although parliament hath,
in fom^ cafes, as before recited, impdfed
taxes, ariling from cuiloms and duties, paid
by the trade and intercourfe of the inhabi-
tants of the Colonies. ---Yet, from the iirfl
moment that they have been coniidered as
capable of paying a certain quota, to the ex-
traordinary fervices of government ; and as
being in circumilances proper to be required
fo to do— government fixed the mode; and
hath hitherto invariably continued in thQ
fame ; of doing this by requifition from the
crown, to be laid before the affembly by his
Majefty's commiffioner the governor.

If it be the ipirit and fenfe of govern-
ment, to confider tliefe Colonies ftill as thug
3 feparate

( ^54 }

fcparate unannexed parts ; as incapable, from
their local circumllances, of having repre-
fentatives of their own election, in the Bri-
tilh parliament 3 — the fame fenfe and fpirit
, v/ill, I fuppofe, continue to the Colonies
this liberty"*; " which, through a tender-^
*^ nefs in the legiilature of Great Britain, to
** the rights and privileges of the fubje(!?cs in
'"^ the Colonies, they have hitherto alway:
^^ enjoyed ; the liberty of judging, by their
*^ reprefentatives, both of the way and man-
*^ ner in which internal taxes ihould be
** raifed within the refped:iye governments,
" and of the ability of the^iiSiabitants to
*' pay them :" — will think it wife, if not
]uft alfo, (from its having become, I had
almoft faid, a conftitutional mode of admini-
ftration, through the eftablilhment and in-
varied continuance of the precedent) to raife
the Provincial quota of internal taxes, by
making, in each cafe, a requifition to the
alTemblies, to grant fubfidies, adequate to the
fervice of government ; and in proportion to
the circumftances of the Colony or province
which they reprefent.

This is the alternative ; either to follow
the fober temper and prudence of this efta-

* Petition of the general afiembl}' of the Province of
MafTachufett's-bay.

bllflie^

( ^55 )

W'iflied mode; or to adopt the wifdonij ]iii%
tice and policy of the reafoning and of the
a6ts of parliament, in the cafes of Chefler,
Wales and Durham. — There is no other
pra(5ticable or rational meafure of peace.

If thefe external circumflances of our
American dominions, and the internal cir-
cumftances of our police and parties ; lead
adminiftration to this meafure, of continu-
ing to derive aids and fubfidies from the Co^
lonies, by the eftablifhment of general alTem-
blies of the fcates in each Colony, upon the
precife model of the parliament in the mo-^
ther country; it may be very well juftified
by example, and from precedent, in the
government of the Roman Colonies.

Although the Romans governed their pro-
vinces by an abfolute imperium, which fu«
perfeded all civil government, properly fo
called ; yet the inhabitants of their Colonies
were, in their civil conilitution * , divided

* Conilituendum eft ad urbis inftar, in Coloniis
Plebem a Patribus difcriminatum ; & ad exemplura
Senatus ampliffimi ordinis, decurionum ordineoi (queni
et Senatum di<3:um in Pompeia Jege de Bithyniis Pli-
• nius fcribit) in civitatibus orbis Romani ex decima parte
Colonorum, concilii publici gratia, confcribi folituni
fuiffe a triumviris quos S P Q_R creabat ad Colonias aut
latinorum aut civium ducendas ; cumque in Coloniis
yeluti in fpeculo effigies Repub. Rom. cerneretur fimu-
lachrutn quoddam Senatus in illis, & demum in muniT-
cipiis ex decurionum ordine fuit.

Marcus Vetranius Maurus de jure liberorum. Cap. S.

into

( 156 )

into Senate and People, exa(fliy according to
tlie {pint of the conilitution of the city
itfelf : And conform exactly to the model of
the fovereign fenate. As the order of the
f aires confcripti were the conftituents of that
body,— fo the order of the decuriones, (the
tenth part from amongil the people) were
for the purpofe of forming a like council,
enrolled by the triumvirs whom the Roman
ll:ate had created, to lead out Colonies either
of Citizens or Latins. -— By this eflabiifh-
ment, a fenate, (for this council is literally
fo called in the Pompcian law de Bithynis,)
was formed in every Colony- — and latterly, in
every municipal corporation alfo.

As the ordinary flipply of the fenate Iq
the city, was from the annual eled:ion of
magiftrates ; who, in confequence of their
having been inveiled with fuch magiftracy,
acquired a feat there ~ as the extraordinary
iiipply of fenators, was by. Kings, Confuls,
Cenlors, or Dictators (according to the dif-
ferent times and periods of the Roman go-
vernment) propoling good and true citizens
to the people — of whom thofe, who were
approved, were enrolled Confcripti, Senatores
jiijfu popidi : So the ordinary 1 apply of the
members of this Colony fenate, or curia ;
was from the deciij-iones, the magiltracy of
that community, — while the extraordinary
fuppjy, was by the triumvirs enrolling, in

like

( H7 )

like manner, the fenator at the firft eila-
blilhment ; or the * governors, upon ex-
traordinary cafes, which might afterwards
arife— — propoiing honefl and honourable
men, from whom the people chofe thofe
who were enrolled. — Both council and re-
fult, were left to the community. — — . The
council in the fenate; the refult in the
people — who made, and were governed by
their own laws > fubordinate to the laws of
the empire : who created, and were governed
by, their own magiflrates.

When this iiland was itfelf, in a provincial
ilate, under the empire of Rome ; feveral
Colonies and municipal diilridrs within the
fame, were happy under this very conftitu-
tion of being governed by a reprefentative,
magiftracy, and legiilature, which the Britifli
Colonies now contend for. The manufcript
of Richard of Cirencefter, lately difcoveredj,
tells us which they were. — - — The Colonies
vv^ere, London, Colchefter, Sandwich with
Richborough, Bath, Caerleon in Wales,
Weft Chefter, Gloucefter, Lincoln and Chef-
terford. The m_unicipal diftrit^s ; York and
St. Albans. To which perhaps we may add,
from the fam.e lift, as Civit cites, Latio jure

* Vide Plinli epiil, et Trajani Refp. lib. x, epift. 8o
and 8 1,

donatce I

dmtat^ ; Old Sarum, Cirenceiler, Carliite<f
Burton north of Lancaller, Cafter by Peter-
borough, Alkmanbury and Catteric in York-
iliire, Perth, Dunbritton and Invernefs.

If this mode of adminiflration for the
Colonies, be adopted by government, efpe-
cially in the article of taxation — it will
behove admin iflration, to be thoroughly in-
formed of, and acquainted with the circum-
ftances of' the Colonies, as to the quota or
fhare of the taxes which they are capable to
bear, and ought to raife; not only in pro-
portion to thofe raifed by the mother coun-
try, but amongfl themfelves : It v/ill become
the duty of miniftry, to endeavour to per-
faade the Colonies to eftabliih, as far as
their circumfkinces will admit of it, the fame
mode ' of taxation, by ftamp duties, excifes
find land tax, as is ufed in this country :—
That the property and manufactures of the
Colonies may not, by an exemption from
thefe, have a preference and advantage over
the property and manufaiftures of the mo-
uther country. It will require all the v/ifdom
and interefr, all the firmnefs and addrefs, of
a thoroughly eftablifhed miniflry, to carry
thefe points : — As the Colonies, no doubt,
xvill keep off fuch incumbrances as long as
they can ; and as the affemblies of the Colo-^
nies, v/ill^ under this conftitution, Teafonably
•4 argue.

( 159 )

argue, that as to the matter, extent, mode
and time of taxes, they, (the reprefentative
of the people for whom they grant,) are the
only proper and conftitutional judges.

Government ought at all times to know
the numbers of the inhabitants; diftinguifli-
ing the number of the rateable polls.

2. The number of acres in each province
or Colony s both cultivated, and lying in

wafte, The number of houfes — and

farms, &-c.

3. The numbers and quantity of every
other article of rateable property ; according
to the method ufed by the provinces them-
felves, in rating eftates, real and perfonal.

4. Government ought always to know
what the annual amount of the feveral pro-
vince taxes are 5 and by what rates they are
raifed, and by what eftimate thefe rates are
laid.

From whence, (by comparing the eilima=
tion with the real value, for the time being,
of each article,) they may always eflimate
nearly the real value of the property of fuch
province or Colony. All v/hich, compared
with the prices of labour, of proviiions and.

European

( i6o )

European goods imported ; with the value of
their manufactures, the intereft of money,
and their exports; will fully and precifely
mark their abilities to bear, and the propor-
tion which they fhould bear, of taxes,
amongft one another, and with the mother
country.

The following eftimates of the provinces,
Maffachufett's-Bay to the northward, of
South-Carolina to the fouthward, and of
New Jerfey in the center, are founded in
the tax-lifts of each province ; which tax-
iifls, being of * ten years flanding, muft, in
encreafing countries as the Colonies are, fall
ihort of the numbers and quantity which
would be found on any tax-lift faithfully
made out at this time. The eftimates which
I have made thereon are in general at fuch
an under- valuation, that I fhould think no
man of candour in the provinces will objed:
to them ; although they be, in fome articles,
higher than the valuation which the legiila-
tures dire6led fo long ago to be made, as the
fund of the taxes that they order to be levied
on them. This valuation of the eftates,
real and perfonal, gives the grofs amount of
the principal of the rateable property in the

^ That is ten years back from the time of the pub-
lication of the iirfl; edition of this book in 1764.

province.

( i6i )

pfbvifice. I think I may venture to afiirm,
that no man, who would be thought to on-
derftand the eflimation of things, will objed:
that I over-rate the produce of this property,
when I rate it at fix per cent, diAy of this
moderate valuation 3 when he conliders that
money, in none of thofe provinces, bears
lefs than fix per cent, intereft ; and that un-
der loans of money, at five per cent, moil of
the befi: improvements of the country have
been made.

The valuation of the provinces, New-
York and Penfylvania ; lying on each fide of
New-Jerfey -, are calculated in a diiFerent
manner, by taking a medium between the
fuppofed real value, and the very lowefl: rate
of valuation. Without troubling the reader,
or encumbering the printer with the detail
of thefe tax-lifts, and the calculations made
thereon ; I v/ili infert only the refult of
them, as follows.

The provinces under-mentioned could an-
nually raife, by one fhilling in the pound on
the produce of the rateable property, eftates
real andperfonalin each province.

Vol. I. M Province

( l62 )

Province Maffachufett's-Bay,
New- York, - -

13172
8000

s. d.

7 II
0 0

NeW'Jerfey, -
Penfylvania, -
South- Carolina, -

5289

1 576 1

6971

17 0

10 0

I I r

Sterling, ^. 49395 16 10

Suppofe now the reft of the £. s. d.
colonies, to be no more than
able to double this fum j

The fum-total that the co-1
lonies will be able to raife 5 j
according to their old tax-
lifts ', and their own mode of
valuation and of rating the),9879i 13 8
produce of eftates, real and I
perfonal ; will be, at one ftiil-
ling in the pound on the pro-
duce, per annum - - - j

In juftice to the reft of the provinces, par-
ticularized above, I ought to obferve that,
by the equalleft judgment which I can form,
I think that the province of South- Carolina
is the moft under-rated.

I fhould alfo point out to the American
reader, that, as the calculations and lifts
above referred to, are taken from the private

colledions

( i63 )

collections of the writer of thefe papers,
without any official communication of fuch
papers as miniilry may be poiTeffed of, I de-
iire him to give no othei- credit to them, than
fuch as, by referring to his own knowledge
of the ilate of things in the Colonies, he
finds to be jufl and near the truth. I fhould,
on the other hand, inform the Engliih
reader, that thefe were collected on the fpot ;
and communicated by perfons leading, and
thoroughly converfant in the bulinefs of their
relpetflive provinces.

Another remark is neceifaryj That, ex-
cept v/hat relates to Penfylvania, thefe col-
lections were made nine years ago j fo that,
wherever any difference may arife, from the
different proportion in which thefe provinces
have encreafed, that ought to be carried to
account 3 at the fame time, that a certain
addition may be made to ^a^ whole, from the
certain encreafe of all of them.

if this moderate tax, raifed by the above
moderate valuation, be compared v/ith the
internal annual charge of f'-overnment in the
refpeclive provinces ; that charge vv^ill be
found much below the flipplies of this fund.
The whole charge of the ordinary expence
of government in the province of Maffachu-
fett's-Bay; which does, (by much,) more to
M 2 the

( l64 )

the fiipport of government, and other public
fervices than any other province ; is, in time
of peace, flerhng 12937/, los. — v^^hereas
that of -New- York, is not more than about,
flerling, 4000/. annually.

When thefe points ihall be fettled ; there
cannot be a doubt, but that the fame zealous
attention 3 vv^hich all parties fee and confefs
to be applied, in the adminiftration of the
Britifh department to the public revenue 1
will be applied to the eftabliiliing and re-
forming that of America.

A proper knowledge of, and real atten-
tion to, the Crown's quit-rents in America;
(by reviling the original defeBs, by remedy-
ing the almofk infurmountable difficulties
that the due collection of them is attended
with,) may render that branch a real and ef-
fedive revenue : which at the fame time will
be found to be no inconfiderable one.

By proper regulations for fecuring the
Crown's rights in waifs and wrecks, in fines
and forfeitures ; and by proper appropriations
of the fame ; that branch of revenue may be
made eife<ftive : But, whenever it is taken
up in earneft -, whenever it Hi all be refolved
upon to give a real official regard to the re-
venue in America ; the office of Auditor Ge-
5 ncral

( ^65 )

nerdl of the Plantations mufl; ceafe to be a
mere linecure benefice ^ and be really and
€fied:ively eflablifhed with fuch powers as
will carry the duty of it into execution ;
yet under fuch cautions and reflridiions, as
fhall fecure the benefit of its fervice to the
ufe of the crown.

If it fhould be thought difficult and ha-
zardous, to extend the legiflative rights, pri-
vileges and preeminences (the true Imperium
of government,) to v/herefoever the domi-
nions of the Hate extend, — the admini-
llration mufl be content to go on in this
ptolomaic fyflem of policy, as long as the
various centers and fyfcems fliall preferve
their due order and fubordination : Or to
fpeak in a more appofite idea-— if we would
keep the bafis of this realm confined to this
ifland j while we extend the fuperftrudure,
hj extending our dominions ; we fliall in-
vert the pyramid (as Sir William Temple
exprefTes it) ; and mufl in time fubvert the
government itfelf — If we chufe to follow
the example of the Romans towards their
Provinces — we mull exped to follow their
fate.

Would flatefmen, on the other hand,

doubt for a while, the predetermined modes

which artificial fyflems prefcribej would

fhey dare to look for truth in the nature of

M 3 things^

( i66 )

things ; they would foon adopt what is right,

as founded upon fadt. They would be

naturally led into the true fyilem of govern-
ment, by following '^mth the powers of the
Jiate, Vvherever the adual and real powers
of the fyftem of things lead. They would
fee, by the various and mutual intercon-
nexions of the different parts of the Britifh
dominions, throughout the Atlantic, and in
America y by the intercommunion and reci-
procation of their alternate wants and fup-
plies I by the combination and fubordination
of their feveral interefts and pov/ers , by the
circulation of their commerce, revolving in
an orbit which hath Great Britain for its
center,— that there does exift, in faB, in na-
ture, a real union and incorporation of all
thefe parts of the Britifh dominions — an ac-.
tual fyftem of dominion. This fyflem of do-
minion, thus exifting in nature, wants only
to be adopted into the fyftem of our po-
litics : It would then a(ft, and be ad:uated
by, the real fpirit in which it moves and
has its being : By that fpirit, which is
the genuine fpirit of the Britifh conftitu-
tion : By that fpirit from v/hich the Britifh
government hath arifen to what it is : By
the fpirit of extending the bails of its repre-
fentative legiilature, through all the parts, to
which the rights, interefts or power of its
dominions extend : fo as to form (I cannot
too often inculcate the idea) a grand

MARINE

( i67 )

marine dominion, consisting of our
possessions in the atlantic, and in
America, united into a one Empire,

IN A ONE center, WheRE THE SEAT
OF GOVERNMENT IS.

This meafure has been, and I dare fay
will be generally treated, as imprad:! cable
and vifionary. I wifh thofe declarations of
power, with which we mock ourfelves, may
not be found the more dangerous delufion^^.
Such is the adual ftate of the really exifting
fvftem of our dominions : that neither the
power of government, over thefe various
parts, can long continue under the prefent
mode of adminiftration I nor the great intereil
of commerce extended throughout the whole,
long fubfifl: under the prefent fyftem of the
laws of trade : Power, when ufed towards
themi becoming felf-dejiruciive, will only haften
the general ruin.

To this meafure, not only the Briton but
the American alfo now objedrs, that it is un-
necelTary, inexpedient and dangerous : But
let us confider their feveral objections.

* On repealing the ftarnp-acPc ; an a£t pafs'd, de-
claring the power of parliament to bind thefe Colonies
in all cafes whatfoever : This, however, was only
planting a barren tree, that caft a Jhade indeed over the
Colonies, but yielded no fruit. PeDfylvania Farmer's
Letters, Letter lodi.

M 4 The

' ( i68 )

The Bi'iton fays that fuch meafure is un-=
neceflary, becaufe the power of parliament
extends to all cafes and purpofes required, — •
Be it allowed, that this power does, in
right and theory, thus extend : Yet furely
the reafoning, the precedents, the examples,
and the practice of adminifirations do fhow,
that fomething more is necelTary in this
.cafe.

The American fays it is unnecefTary, be-
caufe they have legillatures of their own,

which anfwer all their purpofes. But

each Colony having duties, adiions, rela-
tions, which extend beyond the bounds and
jurifdidlion of their refpedlive communities ^
beyond the power of their refpe6tive govern-
ments 3 the colonial legiflature does certainly
not anfvver all purpofes ; is incompetent and
inadequate to many purpofes : Something
therefore more is necelTary ; either a common
union amongft them/elves 3 or a one common
union of fubordination, under the one ger
neral legiflature of the iliate.

The Briton fays that it would be inexpe-
dient to participate with, and communicate
to the Colonifts ; the rights and privileges
of a fubjed: living and holding his property
v/ithin the realm : to give thefe rights to
people living out of the realm, and remote
' . from

( i69 )

from it I whofe interefts are rival and con--^
trary, both in trade and dominion, to thofe
£)f this realm : but the fcheme of giving
reprefentativ.es to the Colonies ; annexes
them to, and incorporates them with the
realm. The fair anfwer to this is — that their
intereft is contrary to that of Great Britain ;
only fo long, as they are continued in the
unnatural artificial flate, of being confidered
as external provinces : and they can become
rivals, only by continuing to increafe in this
feparate flate : But their being united to the
realm ; is the very remedy propofed.

The American fays, that this meafure is
inexpedient : becaufe, if the Colonies be
ui^iited to the realm ; and have participation
in the legiflature, and communication of the
rights and privileges of a fubjed: within the
realm j they muil be allbciated in the bur-
den of the taxes j and fo pay a fhare of the
intereft and principal of the national debts,

which they have no concern in. —This is

literally the objection which was made by
the Scots, at the propofal of the union of
the two kingdoms : and came indeed with
reafon and propriety, from an independent
fovereign kingdom, which had no concern
in the debts of England. But the like ob-
jediion can never be made with propriety,
reafon or juftice, by Colonies and provinces

wljiich

( ^7^ )

which are conflituent parts of a trading na-
tion, protected by the Britiili marine— Much
lefs can it be faid, that they have no concern
in thefe debts ; when they are debts con-
traded, by wars entered into, the firfl: for
the prefervation of the proteftant interefb,
and independency of the fovereignty of the
mother country ; the two latter, folely in
defence, and for the protection of the trade
and adiual exiftence of the Colonies. How-
ever j if the Colonies could, on any reafon-
able grounds of equity or policy, fhow any
inequality, or even inexpediency, in their
paying any part of the taxes, which have a
retrofpedt to times before they were ad-
mitted to a ihare in the legillature — there
is no doubt but that the fame moderation
and juflice which the kingdom of England
fhowed towards Scotland, in giving that an
equivalent i would be extended to the Colo-
nies, by the kingdom of Great Britain :
And I cannot but think that it would not
be more than fuch equivalent, that the go-
vernment fhould grant them a fum of mo-
ney fufficient to pay off all their debts which
were con traded in confequence of the laft
w^ar, and were ftill out-flanding ; unlefs
Great Britain engaged from henceforth to
coniider thefe as the debts of the flate in
general, I alfo cannot but think that it would
not be mo're than Juch equivalent ^ that the

crown

( ^71 )

cro^vR ILould give up all its right to quit
rents ; and that every a(5l, whereby any Ipe-
cial revenue v^as raifed upon the Colonies,
fhould be repealed.

The Briton fays, that this meafure would
be dangerous ; as it might prove a leading
•ftep, to the finally removing of the feat of
Empire to America. — ■ — To which the true
anfv/er is, that the removing of the feat of
the Empire to America or not, depends on
the progreflive encreafe of the territories,
trade and power of the American Colonies ^
if continued in the fame unnatural, feparate,
rival, and dangerous ftate, in which they
are at prefent.— That this is an event not to
, be avoided. — But this meafure of uniting
the Colonies to the realm, and of fixing the
legillature here in Britain \ is the only policy
that can obviate and prevent this removal :
For, by concentring the intereil and power
of the feveral parts, in this ifland ; the Em-
pire mufl be fixed here alfo.—- Bat if this
removal cannot finally be prevented — is it
better that a new Empire fhould arife in
America, on the ruins of Great Britain ^ or
that the regalia of the Britifh Em.pire, ex-
tending to America ; fhould be removed
only to fome other part of the dominions,
continuino; however in the fame realm thus
extended t

The

( 172 )

The American fays, that this meafure
might be dangerous to their liberties ; as
this calling the American reprefentatives to
a parliament, fitting in Great Britain, would
remove their reprefentatives at too great a
diftance from their conftituents, for too long
a times and confequently from that com-
munication and influence, vv^hich their con-
ftituents fhould have with them : and there-
fore transfer the v/ill of the Colonies out of
their own power ; involving it, at the fame
time, in a majority, againft which their
proportion of reprefentatives would hold no
ballance. This objediion, if it hath any
ground for its fears, is" a dired: anfwer to
the Britiih objedion lail mentioned :— But
it proves too much ^ as, according to this
argument, no remote parts of a ftate, ought
to fend reprefentatives, as the feat of Em-
pire is alfo remote : The truth and fad is,
that the mutual Situation of Great Britain.
and America, very well allows every com-
munication, which a member of parliament
ought to have with his conftituents : and
any influence beyond that, is unparliamenta-
ry and unconftitutional.

As to all objedions which arife from ap-
prehenfions of what eifed: fuch an additional
number of members, acceding all at once
to the Houfe of Commons, might have on

( ^73 )

th^ politics, condu(ft and internal manage-
ment of that body — they arife from an un-^
warranted and (one fhould hope) ground-
lefs fufpicion, of fome undue influence
operating there — But fhould this be a fup-
polition, that could ever be admitted to be
true, even amongft thej^^r^'i' RomuH -y the
contrary apprehenfions, from the diiferent
quarters, are fuch as mutually deftroy each
other. — The Americans fear, that the num-
ber of reprefentatives which will be allowed
to them, will have no power, proportion-
able to their fliare of intereft in the com-
munity : That this union to the Britiih le-
gillature, will only involve them in the con-
clufions of a majority, which will thence
claim a right to tax them ; and to reftrain
their trade, manufailures and fettlements as
they pleafe. The Briton fears, that thele
reprefentatives may be an united phalanx,
firmly oppoiing every tax propofed to be
laid upon the Colonies ; and every regula-
tion meant to keep their adtions and interefl
in due fubordination to the whole.' That
they will be a party, a fadion, a flying fqua-
dron, alway ready, and in moft cafes capa-
ble, (by uniting with oppoiition to admi-
niflratlon, or with commercial factions,) to
dillrefs government, and the landed interell
of the kingdom. The Americans again on
the other hand, fear that fome future Britiili

miniflry.

( 174 )

miniftry, in fome future days of corruption,
will fucceed in bribing their repre fen tatives j
againfl v/liich the Colonies will have no re-
medy, but mufl fubmit to the betraying
confequences. — Thefe are objediions which,
on the very fuppoiition, mutually counter-
act and deftroy one another. — They are ob-
jections which have had fair trial upon experi-
ence, in the cafe of the Scots members — and
are direCtly contradicted by truth and faCt.

As to all objections raifed on the fuppofed
impracticability of the meafure ; they are too
contemptible to deferve an anfwer. — There
is but one which hath any fenfe in it — it is
faid, that the Colonies are too remote, upon
a diffolution, to receive the v/rits, and re-
turn their reprefentatives within the time
limited by law ; and that, if the parliament
(hould be alTembled immediately on its elec-
tion ; the Colonies could not have their
reprefentatives in the houfe, for fome time.
The portion of time limited by law, is fixed
in proportion to the diilance of the remoteft
parts concerned at prefent, to fend mem-
bers to parliament — A fpecial time might
be fixed by law, in proportion to the fpecial
cafe of the diflance of the Colonies — And
as to the fuppofed difficulty of their having
their reprefentatives in a new parliament,
upon its being allembled immediately : I

7 %>

( ^1^ )

fay, that in the fame manner, as upon the
demife of the King, the parliament, then
iitting, is by law, to continue fix months,
unlefs diffolved by the fucceffor : fo the old
reprefentatives of the Colonies, might by
law, be permitted to fit in the new parlia-
ment, (if ailembled within fix months) un-
til they were re-ele(fied, or others fent in
their room : the doing- .of which, mio;ht be
limited to fix months.

Notwithftanding, I know that this pro-
pofal will be confidered as Utopian, vifionary,
idle, impertinent and what not : — I will
proceed to confider the juftice and policy of
this meafure as it leads to this unavoidable
confequence; that in the courfe and pro-
cedure of our government, there muft arife a
duty in government to give — 2. right in the
Colonies to claim- — a fhare in the legillature
of Great Britain : or to have a feparate one
of their own.

While we confider the realm ; the go-
vernment of Great Britain, as the Sovereigns
and the Colonies as the fubjed ; without
full participation in the conftitution -, with-
out participation in the legiflature ; bound
implicitly to obey the orders of government j
and implicitly to enaB or regifter as an adt of
their own, thofe grants which we have by

c u r

( 176 )

Our adls required them to make, as i toM
impofed on them ; they fay that their obe«
dience in this cafe, (without the interpofi-
tion of their own free-will,) is reduced to
the lowefl predicament of fubjediion : where-
in they are not only required to a^, but to
wi//, as they are ordered : yet, however too
flrongly they may be fuppofed to ftate tl^eir
cafe, furely there is a fpecies of ihjuftice
in it.

* Supplies granted in parliament, are of
good will, not of duty : the free and volun-
tary ad: of the giver j not obligations ^nd
fervices which the giver cannot, by right,
refufe— Whatever therefore, is given out of
the lands and property of the Colonies,
fhould fome way or other, be made their
own a(ft. This argument goes only to aids
and fubfidies, not to fervices j the latter are^
and always were, of duty.

The true grounds of juftice whereby the
parliament grants fupplies by aids and fub-
Sdies, and raifes them by taxes on the lands
and property of themfelves and their con-*
flituents, is, that they give what is their
own : that they lay no tax, v/hich does not
affect themfelves and their confcituents : and

* Vide Rolls of Parliament, 13 Henry IV. tit. 10.

are

( ^17 )

are therefore not only the proper givers j but
alfo, the befi: and fafeft judges, what bur-
dens they are befl: able to bear : They do
not give and grant from the property of
others, to eafe themfelves. Let the flatef-
man apply this reafoning to the cafe of the
Colonies; and he may be led up to the true
fources of the difcontents, againft the go-
vernment of the mother country' which di-
vert its effed: ; which undermine its ef-
tablifhment ; and tend to its utter dilTolu-
tion.

Whereas on the other hand, vv^e ihall
findj (as hath, ever been found,) that uni-
verfal participation of council, creates reci-
procation of univerfal obedience. The feat
of government will be well informed of the
flate and condition of the remote and ex-
treme parts : And the extreme and remote
parts, by participation in the legiflaturej
will, from felf-confcioufnefs, be informed
of, and fatisfied in, the reafons and neceffity
of the meafures of government. Thefe
parts will confider themfelves as acting in
every grant which is made, and in every tax
which is impofed. This confideration alone,
will give efficiency to government : and will
create that confenfus obedientiimi, on which
only, the permanent power of the Imperium
of a ilate can be founded : This will give

Vol. I. N .ej^tenjon

( I7S ) *

cxtenlion and inability of Empire, as far as
we can extend our dominions.

I could here proceed to juilify this pro-
polition, as founded in fad: ; by fliowing^
that this 'principle of ejiabliping the ImperiufTi
of government J on the bafis of a reprefetitattve
legtjlature, hath been^ from the earheil: and
■* firft inftance of the eftabhfhment of a
British Senate, (under the government
of Carauiius,) founded on its native and na-
tural bafis, a marine dominion ; invariably,,
through all times, the fpirit of this country :
The fpirit of that conflitution, by which
government hath been alway the moft furely
and happily eftabliflied in the Britifh domi-
nions. It is a native plant of this foil,,
which, although at various times, it hath
been trodden and cut down, almoil to the
very roots ; hath alway again broken forth,,
with a vigour fuperior to all falfe culture,
and all force. Although it was fuppreifed
for a while, under the laft defpairing efforts
of the Roman corrupted ftate ^ yet having^
taken root, it revived : Although it was, in
part, opprelfed by the feudal fyflem, in the
latter times of the Saxons, as well as' under
the Normans ; yet I could here fhow, not
only how, by its native vigour, it rofe again

* Anno Dom. 291-.

from^

( 179 )

from ruin; but aifo mark the progrefs of
its refloration, to the time of Henry the
third.

But thefe are arguments only to thofe
who feel their hearts united to this fpirit ^
who revere the inftitutions of their anceilors,
as the true fources of the original liberty,
and political happinefs of this country. In
thefe days, when it is the wifdom of ftatef-
men to raife objections to this fpirit of po-
licy ; when the learned fortify their under-
ffcanding again (1 convidiion of the right of
it ; when the love of liberty, nay, the very
mention of fach a feehng, is become ridi-
culous ; fuch arguments mufl of courfe be-
come ridiculous alfo.

It would be a melancholy, and but an
ufelefs conlideration, to look back to that
ftate of political liberty, on which the Bri-
tifh Empire hath extended itfelf : or to look
forward to that ftate of political glory, li-
berty and happinefs, on which it might be
extended and eftablifhed. When we find
bounds fet to the principle of this fpirit ;
thus far ihalt thou extend and no further ;.
when we fee a fyfcem of policy adopted,
under which this country mail: continue for
a while, entangled in a feries of hofdle dif-
putes with its Colonies, but muil at length
N 2 lofe

( i8o )

lofe them — mufl be finally broken irt its
commercial intereft and power; and fink
by the fame pride, and fame errors, into the
fame infignificance and dependence, as all
other commercial flates have done, one af-
ter another— one has only left to hope^ that
the ruin is not inevitable, and that heaven
may avert it. .

I decus : I noflrum : melioribus utere
fatis.

Let us here clofe this view, and let us
return to the examination of matters, which
form the internal adminiftration of the Co-
lonies. And firft their money.

C H A P. VI.

General principles of Money applied to that
fubjeB, as it operates in the Colonies, both
in coin and in paper.

SECTION I.

TH E Britifli American Colonies have
not, within themfelves, the means of
making money or coin. , They cannot ac-
quire

( i8i )

quire it from Great Britain ^ the balance of
trade beins: a^ainft them. The returns of
thofe branches of commerce, in which they
are permitted to trade to any other part of
Europe, are but barely fufficient to pay this
balance. — By the prefent ad: of navigation,
they are prohibited from trading with the
Colonies of any other nations : fo that there
remains nothing but a fmall branch of Afri-
can trade, and the fcrambling profits of an
undefcribed traffic, to fupply them with
lilver. However, matters have been fo ma-
naged, that the general currency of the Co-
lonies, ufed to be in Spanifi and Fortuguefe
coin. This fupplied the internal circula-
tion of their home buiinefs, and always
finally came to England, in payments for
what the Colonifls exported from hence. If
the adt of navigation lliould be carried into
fuch rigorous execution, as to cut off this
fupply of a iilver currency to the Colonies;
the thoughts of adminiftration fhould be
turned to the devifmg fome means, of fup-
plying the Colonies with money of fome
fort or other : and in this view^, it may not
be improper to take up here, the coniidera-r
tion of fome general principles, on which
the buiinefs of money and a currency de-
pends.

Silver, by the general confent of mankind,
N 3

( 1^2 )

has become a deposite, which /j-.the com*
MON MEASURE^/" commercc — This is a ge-
neral eited: of fome general caufe. The ex-
perience of its degree of fcarcenefs compared
with its common introdudion amidft men \
together with the facility of its being known
by its viiible and palpable properties j hath
given this eftecft : Its degree of fcarcenefs,
hath given it a value proportioned to the mak-^
ing it a DEPOSITE j and the certain quan-
tity in which this is mixed with the poiTef-
fions and tranfadions of man, together v/ith
the facility of its being knov/n r, makes it a
COMMON MEASURE amoDgft thofe things.
There are perhaps other things v/hich might
be better applied to commerce, as a common
meafure ; and there are perhaps other things
which might better anlwer as a depoiite :
But there is nothing except iilver, known and
aclcnowledged by the general experience of
mankind ^ which is a depoiite, and common
meafure of commerce. Paper, leather, or
parchment, may, by the fanction of govern-
ment, become a common meafure, to an ex-
tent beyond what Iilver could reach : yet all
the fandion and power of government, never
will make it an adequate depoiite. Dia-
monds, pearls, or other jewels, may in ma-
ny cafes be confidered as a more apt and fuit-
able depoiite -, and may be applied as fuch,
to an extent to v/hich filver will not reach ;

yet

83 )

yet their fcarcity tends to throw them into
a monopoly 3 they cannot be fubdivided, nor
amaffed into one concrete : and the know-
ledge of them, is more calculated for a my-
Rery or trade, than for iht forenfic ufes of
man in common: and they will never there*
fore become a common rneafure.

The quantity of this depoiitej and the
general application of it to feveral different
commodities, in different places and cir-
cumftances ; creates a compound propor-
tion between it and other objedls with
which it ilands compared; and from this
proportion forms its own Jcale. This fcale
arifes from the effed: of natural operations^
and not from artificial impojition : — If
therefore iilver was never ufed but by the
merchant, as the general meafure of his
commerce and exchange ; coin would be (as
it is in fuch cafe) of no ufe : it would be
coniidered as bullion only. Although bul-
lion is thus fufhcient for the meafure of ge-
neral commerce; yet for the daily ufes of
the market fomething more is wanted in the
detail; fomething is wanted, to mark to
common judgment its proportion, and to
give the fcale ; Government therefore, here
interpofes ; and by forming it into coin,
gives the fcale ; and makes it become to £0-
renfjc ufe an instrument in detail, as
N 4 well

( i84 )

well as it is in bullion a MEASU^i^in ge«
Xieral.

This artificial marking of this fcale on a
natural meajure \ is neither more nor lefs
than marking on any other rule or meafure,
the graduate proportions of it: And this
artificial marking of the fcale, or graduating
the meafure, is of no ufe but in detail, and ,
extends not beyond the market for ex-
change reilores it again in commerce : No
artificial flandard therefore can be impofed.

Having this idea of money and coin -, I
could never comprehend to what general
ufes, or to what purpofes of government, the
proclamation which Queen Ann ilTued, and
which was confirmed by ftatute in the fixth
year of her reign, could be fuppofed to ex-
tend; while it endeavoured to rate the fo-
reign coins, current in the Colonies, by an
artificial ftandard. It would feem to mejuft
as.v/ife, and anfwering to juft as good pur-
pofe ; if government fhould now iffue a
proclamation, direding, that for the future,
all black horfes in the Colonies iliould be
called white, and all brindled cows called
red. The niaking even a law to alter the
names of things, will never alter the nature
of thofe things ; and will never have any
other eifed, than that of introducing conr

fufion.

( 1 85 )

fulion, and of giving an opportunity to bad
men of profiting by that confufion.

The fafeft and wifell meafure which go-
vernment can take -, is not to difcourage or
obftrud; that channel through which filver.
flows into the Colonies - — nor to interfere
with that value which it acquires there-—
On the contrary, I muft ever wifh to fee the
Spanifh fiiver flowing into our Colonies with
an ample and uninterrupted ftream. — That
ilream, after it hath watered and fupplied the
regions which it paffeth through, muft, like
every other ftream, pay its tribute to its
m.other ocean : This filver (to fpeak without
a metaphor) after it hath paffed through the
various ufes of it in the Colonies, doth al-
ways come to and center finally ia Great

Britain. All therefore that is required of

thofe who attempt to condud: the admini-
ftration of American affairs, and all that they
Ihould do is— fo to regulate the Colony trade,
that that filver fhall finally come to, and center
in Great Britain -, whither it will mofl cer-^
tainly come in its true value. — But if through
any fatality in things or meafures, a medium
of trade, a currency of money, fhould gvovr
defective in the Colonies ; the wifdom of
government will then interpofe, either to.
remedy the caufe which occafions fuch de- .
fed, or to contrive the mean? of fupplying

the

( iB6 )

the deficiency. The remedy lies in a certain
addrefs in carrying into execution the act of
navigation — but if that remedy is neglected ^
the next recourfe muft lie in fome means of
maintaining a currency fpecially appropriated
to the Colonies ; and muft be partly, fuch
as v/ill keep a certain quantity of fiiver coin
in circulation there— and partly, fuch as fhail
eilabliih a paper currency, holding a value
nearly equal to filver.

On the iirfl view of thefe refources, it
will be matter of ferious conli deration, whe-
ther government ihould eftablifh a mint and
coinage, fpecially appropriated for the ufe of
the Colonies ; and on what bafis this fhould
be eilablifhed. If it be neceffary that lilver,
which in bullion is a common meafure of
general commerce, fhould, (that it may be
^nftrumental alfo to the common ufes of the
market,) be formed into coin ; it ihould be
fo formed ; that while it was the duty of the
public to form this coin, it may not be the
intereil of the individual to melt it down
again into bullion.

If a certain quantity of coin is neceffary
for the forenfic ufes of the Colonies j it
ihould be fo formed, as in no ordinary coiirfe
of bufinefs, to become the interefl of the
merchant to export it from thence*

This

( iS; )

- This coin {hould be graduated by alloy,
fbmewhat below the real fcale ; fo as to bear
a value in tale, fomevvhat better than the
iiiver it contains would fetch, after the ex-
pence of melting down the coin into bul-
lion—fomewhat better as an mjlrument, in
common forenlic ufej than the merchant
i?2 ordinary cafes could make of it, in apply-
ing it as a meajure by exporting it.

I have here inferted the caution againfl or-
dinary cafes only; as I am not unaware, that
the lowering the intrinfic worth of the coin
for America, will have in the end no other
.eifedl, than to raife the price of the Euro-
pean goods carried thither; while the coin
will be exported to Great Britain, the fame
as if it were pure iilver.

If fuch a neceffity of an artificial currency
fliould ever exift in the Colonies ; and if fuch
a coinage was eftabliflied ; the Colonifts
would, for the purpofes of their forenfic bu-
linefs, purchafe this injlrument either in gold
or filver ; in the fame manner as they do
now purchafe copper coin for the fame pur-
pofes.

There are two ideas of a paper currency.
The one adopts a meafure for eftablifhing a
|)ank in the Colonies, which is quite a new

and

( i88 )

and untried meafure; the other turns the
view to the regulating the prefent paper
money currency, which the Colonies have
had experience of in all its deviations -, and
to the ellablifliing the fame on a fure and
fjfficient bails.

I have feen this ^X^xxiox a provincial bank :
and think it juflice to the very knowing per-
fon who formed it, to fay ; that it mull be
becaufe I do not underiland it, that many
obje(5lions arife in my mind to it. When-
ever he ihall think £t to produce it ; it will,
I dare fay, come forth, clear of all objections,
with that force of convidion, v/ith which
truth always flows from a mind in full and
perfedt polTeffion of it.

In the mean while ; I will recommend to
the confideration of thofe who take a lead in
buiinefs, a meafure dcvifed and adminiftered
by an American affembly. — -And I will ven-
ture to fay, that there never was a wifer or a
better meafure 3 never one better calculated
to ferve the ufes of an encreafing country \
that there never v/as a meafure more fleadily
purfued, or more faithfully executed, for
forty years together ; than the loan-office in
Penfylvania, formed and adminiflered by the
affembly of that province,

• ^ An

( 189 )

An encreafing country of fettlers and
traders mull alway have the balance of trade
^gainft them, for this very reafon, becaufe
they are encreaiing and improving ; becaufe
they mull be continually v^anting further
fupplies, which their prefent circumllances
will neither furnifh nor pay for : — And for
this very reafon alfo, they mull alway labour
under a decreajing iilver currency, though
their circumllances require an encreafing one.
In the common curfory view of things, our
politicians, both theoriUs and prad:itioners,
are apt to think, that a country which has
the balance of trade againll it, and is conti-
nually drained of its Iilver currency, mull: be
in a declining Hate j but here we may fee,
that the progreffive improvements of a com-
mercial country of fettlers, mull necelTarily
have the balance of trade againll them, and
a decrealing filver currency ; that their con-
tinual want of money, and other materials to
carry on their trade and bulinefs, mud en-
gage them in debt But that thofe very

things applied to their improvements, will
in return not only pay thofe debts 1 but
create alfo a furplus, to be Hill carried for-
ward to further and further improvements.
In a country under fuch circumllances, mo-
ney lent upon interell to fettlers, creates
money. Paper money thus lent upon in-
terell, will create gold and Iilver in princi-
pal 3 while the inter ejl becomes a revenue^ that

fays

( I90 )

pays the charges of government . This cur-
rency, is the true Padiolian ftream, which
converts all into gold that is wafhed by it.
It is on this principle that the wifdom and
virtue of the affembly of Penfylvania, efla-
bliflied, under the fanition of government,
an office for the emiffion of paper money by
loan.

A plan of a general paper currency for
America, v^^hich v^^as intended to have been
inferted in the firft edition of this work ; hath
been withheld from publication now four
years, for reafons, vv'hich I was in hopes,-
iiiight have led to more public benefit,
than the making it public in this work could
do '"''^ I have inferted it in this edition — but
iirft -— I proceed to the coniideration of the
ordinary mode of making paper-money, by
the legiflatures of the Colonies ilTuing govern-
ment-notes, payable at a certain period by a
tax.— It may be ufeful to give fome defcrip-
tion of this ; and to point out fuch regula-
tions, as will become neceifary in this cafe,
fhould the other not be adopted.

This paper-money conlifts of promiilbry
notes, iffued by the authority of the legifla-
ture of each province 3 deriving its value,
from being payable at a certain period, by

* 1768.

monies

( '9' )

monies arifing from a tax proportioned to
that payment at the time fixed. Thefe notes
pafs as lawful money ; and have been hither-
to a legal tender, in each refpedive province
where they are ilTued.

As any limitation of the uses of thefe
notes as a currency, mufl: proportionably de-
creafe its value; as any insecurity, infuf-
ficiency, or uncertainty in the fund v^hich
is to pay off thefe notes, muft decreafe their
value ; as any quantity emitted more than
the neceflities of fuch province calls for as
a medium, mufl alfo decreafe the value of
that fnedium ov currency — it is a direct and
palpable injuftice, that that medium or cur-
rency vv^hich has depreciated by any of thefe
means from its real njalue^ fhould continue a
legal tender at its nominal value.

The outrageous abufes praclifed by fome
of thofe legillatures who have dealt in the
manufacture of this depreciating currency ^
and the great injury which the merchant
and fair dealer have fuffered by this frau-
dulent medium ; occafioned the interpoiitioB
of parliament to become neceiTary : — Parlia-
ment very properly interpofed, by applying
the only adequate and efficient remedy i
namely, by prohibiting thefe Colony legif-
latures, from being able to make the paper
2 ^. currency 5

( ^92 )

currency, a legal tender: And government
has lately, for the fame prudent reafons,
made this prohibition general to the whole
of the Colonies. For, when this paper-money
cannot be forced in payment as a legal tender ;
this very circumftance will oblige that legif-
lature which creates it, to form it of fuch
internal right conftitution, as fhall force its
own way by its own intrinfic worth on a
level nearly equal to filver. — The legiflature
mufl fo frame and regulate it, as to give it a
real value,

Thefe regulations all turn upon the fuf"

ficiency and certainty of the fund ; the extent

of the USES; and the proportioning the

QUANTITY to the a6tual and real neceilities

which require fuch a medium.

ne FUND fhould at leaft be equal to the
payment of the principal, in a limited time :
and that time, Ihould be certainly fo fixed, as
that the legiflature itfelf could not alter it,
otherwife the Paper Currency mull; lofe one
of the elTential properties of money, namely
that of being a deposite. Where the pa-
per currency is treafurer's notes given for
fpecie adlually lent to government ; the fund
whereon it is borrov/ed fliould be alfo ca-
pable of paying, ad interim, a certain intereft;
as is the cafe of treafurer's notes in the pro-
vince of Maflachufetts-Bay.

This'

(^93)'

Thi^ medium ought to be applicable td
all the equitable as well as legel uses of lilver
money v/ithin the Colony or province? ex-
cept that of being a legal te?ideri

^he QUANTITY ought always to be pro-^
portioned to the necdHty of the medium,
v/anted; which {xh^ fund mid ufes being
fairly and abfolutely fixed) may always be
judged of by the rife or fall of the value in
its general currency or exchange : for where
the quantity ifTued is more than necefiity re-
quires, the value will depreciate : and v/here
the fund is good, and all proper ufes of the
medium fecured; i^o long as no more paper
is iffued than necefiity does require, it will
always hold a value near to, though fome-
Vv^hat lefs than filver. On this fubjed; I here
refer the reader to a very judicious trad; *,
written and given to me, feveral years ago,
by 'Tench Fraticis, Efq; late attorney -general
of the province of Penfylvania; converfant
in thefe' matters, both as a lav/yer and a"
merchant. I now print and publifh it by
leave of a near -f- relation, and fubjoin it as
containing- the mofl exad; and deciiive fenti-
ments on this fubjed, that I have any where

* Vide Appendix, No. XII.

t Dr. Pi:iilip Francis, his brother.

VoLi I, O ' met

( i94 )

met with. I entitle it. Considerations
ON A Paper-Currency.

In Colonies, the effcnce of whofe nature
requires a progreffive increafe of fettlements
and trade, and yet who from the balance of
trade with the mother country, being againft
them, muft fuffer a conftantly decrealing
quantity of iilver money ; a certain quantity of
■p aper -money y is necellary. It is neceifary, to
keep up the increafing operations of this trade,
and thefe fettlements : it is alfo neceifary, in
fuch circumftances, to the equal diftribution
and general application of thefe benefits to
the whole Colony : which benefits would
otherwife become a monopoly to the monied
merchant only: it is prudent, and of good
policy in the mother country to permit it,
as it is the fureft means of drawing the ba-
lance of the Colony trade and culture, to its
own profit.

Thefe reafonings further fhew, how, by
fee u ring the fund, extending the vfes, and
regulating the quantity j this meafure of a pa-
per-currency, may be carried to the utmoil:
extent of which it is capable. Nor do they
ilop here — for as they give the rule whereby
to judge of the excefs or defedl of money in
any place whatfoever ; fo do they, at all

times,
2

( 195 )

times, iliew the neceffity of increaiing that
paper currency ; or the contrary.

Although the reafoningSj which from my
own fentiments of the matter, I have applied
to this fubjedl^ and thofe, with which I am
able to oblige the world, by publifliing the ve-
ry judicious and able .tra6l above referred to,
do perfectly coincide in thefe points j yet up-^
on the point of the usesj (in coniidering the
remedied to be provided againft the quantity of
any fallacious depreciation of this paper-mo-
ney) our reafonings feem to divide on quite
different fides of the queftion. The author of
the above trad: afferts, that In Colonies, Vv^here
paper-money is created j the people of that
Colony fiouid be compelled by la%v^ to receive
it in payments : and he ftates tv/o or three
different cafes in proof of his affertion :
My opinion fuggeils, that this paper-money
ought by no means to be a legal tender : and
yet, different as thefe propofitions may ap-
pear, they will be found to coincide in the
application of the remedy j in the only pro-
per and radical remedy^ tloe not permitting
the paper-money to be a legal tender. This
gentleman experienced in the politicks of
the Colonies, and knowing the danger, if
not the impradicability, of any legillature in
thefe Colonies adopting this maxim, takes up
the reafonablenefs and neceffity, of this paper-^
O 2 mousy

( 196 )

money being forced into payments by law— «
but then, in ail the cafes v/herein he flates
the remedy in equity, again{l.the injii/Iice which
may arife from the artificial value of this
paper-Dioney, thus declared ; he firmly and
juilly evinces, that the payment thus by law-
yer ^r^'J upon the creditor in paper, ought not
to be according to the nominal legal value of
that paper, but according to the real value,
an equivalent to the debt. This judgment
totally deilroys the maxim of its being a le»
gal tender. In the application therefore of
the remedy, our opinions do not differ, but
the truth of them becomes the more eluci-
dated, by this coincide^ice of two thus feem-
ingly different propofitions. — I will there-
fore proceed in faying, that by the reafon-
ings above, it appears 3 that the only, and
the proper remedy, againil the iniquities of
a fallacious, depreciating paper-currency, is
that radical one, of not permitting this paper-
mo7iey to be a legal tender — On the other
hand, fo confirmed am I in my opinion of
the necefiity and propriety of a certain quan-
tity of paper- money in the Colonies 3 that
were I not convinced, that the reftraining of
it from being a legal tender, will not deftroy
the exiftence of it, but, on the contrary,
amend its currency; I would even facrifice
my conviction to this point of utility : but
whatever apparent value this paper-money

may

c

( ^97 ) .

may feem at firfl view to lofe, by reflralnt of
this one ufe j this very reflraint, (if the Co-
lonies will have paper-money) muft become
an occalion of fb meliorating and fecuring
tht fu?id^y of fo exactly regulating the quait-
tity 's and of adding feme ot/ser valuaf/e i^fe,
namely an interefl:, or fome premiuaTi equiva-
lent to it 5 that the paper-mcney (hail become
thus intrinficaily, and of its ov^n nature, a
better and furc^r currency, than all the power
and authority of Colony-government could
make it. For not being forced, into cur-
rency, by any external value derived from
authority ,: it muft, like bullion in coin, de-
rive its currency from its intrinfick value and
applicablenefs to the purpofes of money—
fo that thus becoming, from neceffity, a
more determinate meafure, a more prad:i-
cal inftrument of trade, and a more- bene-
ficial depoiite ; as bearing an interefl even
while in currency: it becomes to have all
the'ufes of bullion in coin, and one more-—
fo as even to bear a premium— which in
fad: is the cafe of the treafurer's notes in the
province of the MaiTachufetts-Bay in New-
England j though they are not a legal tender.

S E C=

( J98 )

SECTION IL

^ Plan propofed for a general Paper Currency
for A?nerica, to be ejiablifoed by the Britijb
Government,

S the inconvenience of permitting the
affemblies of the Colonies to iffue pa-
per money, under the fanftion of its being
a legal tender, had been complained of and
confelTed ; an a(ft of parliament was made,
to reftrain that part of the Colonies, again ft
wlxich the complaint chiefly lay. Since the
writing of the above, a general reftraint hath
been lain upon all the Colonies j by a like
a6l of parliament, extending to the whole.
The majority of the men of bulinefs and
property in the Colonies, have ever hereto-
fore wiihed to have the affemblies reftrained
by a(^l of parliament, from the power of
rivingr the fan(ftion of a le^al tender to their
paper-money : They efteemed that reftraint
to be the only effe6lual means of preventing
the many bad pradices, which have arifen
from this illufory falfe coin, to the detri-
ment of real bulinefs, and real property.
On the other hand, feeing the abfolute ne-
cefiity of fome paper currency -, fchemes of
the like nature, as that of the following

propofal.

( m )

propofal, have been thought of. I have
had opportunities (not with governors and
crown-officers, but with the leading- men of
Dufniefs in the Colonies) of examining and
coniidering feveral of thefe fchemes. The
following propofal may be confidered as the
refult of thefe difcuffions ; containing and
comprehending, according to my heft judg-
ment, all which was thought confiftent with
the liberties of the people; fafe in refpecTt of
their intereft j and efFed:ual to the point re-
quired. So far am I from affuming any
merit in the invention or framing of it ; that
I defire it may be confidered, as founded on
what hath been adiually prad:ifed in Penfyl-
vania, by the good fenfe and good policy of
the allembly of that province, with fuccefs,
and with benefit to the public : and that
the particular propofal, as it is now formed,
and applied to the prelent exigences of Ame-
rica and Great Britain j was drawn up fome
years ago, in conjunction with a friend of
mine and of the Colonies- — It was, by us,
jointly propofed to government, under fuc-
ceflive adminiftrations, in the years 1764,
1765, 1766 ; during which time, the pub-
lication was fufpended. It is now given to
the publick ; not by way of appeal again ft
adminiftrations, but as a fcheme which, al-
though not attended to by a Britifh miniftry
at prefent, may yet fuggeft fomething that
O 4. may

{ 200 )

may be of ufe to better politicians than we
pretend to be.

We are fully apprifed how much we
have rifqued, both in the propofing, and in
thfc now publitliing this fcheme.— If the
Britifh fcatefmen iliould ilill think that they
can turn it to no good ^ and if the American
patriots ihculd think that a dangeroys uie
might be made of it by government ; we
fhall be thought by the one to have been
impertinent, and by the others to be mif-
chievoos m.eddlers. If our ftatefmen fhould
have the happinefs to find out the right ufe
of it -y and, like the humbler, but not lefs
wife politicians in the Colonies, to apply it
to the mutual benefit cf government, and
of the people ^ then we fhall not be allowed
to have the leaf!; fliare, m.uch lefs any merit
in the forming of it, or in the application
of it : twenty different people will prove,
that it has been their fcheme. About this
we are not anxious ; any more than difap-
pointed that our Britifli ilatefmen could not
find their way to the ufe of it. We now
propofe it to the fober fenfe and experience
of the Colonies, who will know how to,
profit by it j how to convert this fpecies of
credit, ijito a real efficient currency ; how
to benefit and to take the lead of that power-
and political interejt^ which their taking the

management

( 201 )

management of this, will necefTarily throw
into their hands. We need not point out to
them how that will arife.— — -They have the
means (whenever our bad policy, or their
own prudence, fhall lead them to make ufe
of fuch) of giving this currency a general
value throughout America, by eilabliming
an intercomrnunion and reciprocation of cre-
dit, under ad:s paiTed by each particular af-
fembly : all having reference to this one
point ;— -regulating the quantity which each
province or Colony fhall iiHie, by the Hate
of its depreciation y and regulating the pro-

. ceedings in their feveral courts of law, as to
the fpecialty of all bargains and contradis,
made in this fpecial note-money. They al-
fo will know, (v/hich hath hitherto puzzled
our ftatefman,) how to give it a real i/itrin-

fick 'value, without calling in the aid of the
government of Great Britain, to give it a?}
artificial one, by making it a legal tender ;
and v/ithout paying to that government,

forty thoiijand pounds per an?iu?ny which fum,
at leail, the intereft of this money would
have produced as a revenue.

As the paper- money ad; made and pafTed
in Penfylvania, in 1739? was the compleat-
^ft of the kind ^ containing all the improve-
fnents v/hich experience had from time to
time fuggeiled, in the execution of prece-
ding

( 202 )

ding adls ; an account of that a(ft, will befl:
explain and recommend the meaiure con-
tained in the following propofal.

The fum of the notes, by that ad: dl-
recfled to be printed was 80,000/. procla-
mation money : This money was to be
emitted to the feveral borrowers, from a
loan-office eftabliihed for that purpofe.

Five perfons were nominated Truftees of
the lomi-ojice, under whofe care and direc-
tion, the bills or notes were to be printed
and emitted.

To fuit the bills for a common currency,
they v/ere of fmali and various denomina-
tions, from 20 fhillings downwards to one
fhilling.

Various precautions were taken, to pre-
vent counterfeits, by peculiarities in the pa-
per, charadier, ii-^anner of printing, iigning,
numberins-, &c.

The truftees took an oath, and gave fe-
curity for the due and faithful execution of
their office.

They were to lend out the bills on real
fecurity of at leafl: double the value, for a

term

( -03 )

term of fixteen years ; to be repaid in yearly-
quotas or inflallments, with intereft : Thus
one i6th part of the principal was yearly
paid back into the office ; v/hich made the
payment eafy to the borrower : T^he intereft
'was applied to public fervices ; the principal,
during the firit ten years, let out again to
frefh borrowers.

The new borrowers, from year to year,
were to have the money only for the re-
maining part of the term of 1 6 years j re-
paying, by fewer, and of courfe, proportion-
ably larger inftallments ; and during the laft
fix years of the 16, the fums paid in, were
not to be remitted, but the notes burnt and
deftroyed : fo that at the end of the 1 6 years,
the whole might be called in and burnt,
and the accounts completely fettled.

, The truftees were taken from all the
different counties of the province -, their
relidence in different parts, giving them bet-
ter opportunities of being acquainted with
the value and circumflances of eftates ofl'er-
ed in mortgage.

They were to continue but four years In
ofHce 3 were to account annually to com-
mittees of aifembly ^ and, at the expiration
of that term, they were to deliver up all

monies

( 204 )

monies and fecurities in their hands, to their
fucceflbrs, before their bonds and fecurities
could be difcharged.

Left a few wealthy perfons fhould engrofs
the moncry, which was intended for more
general benefit, no one perfon, (whatever
fecurity he might offer) could borrow more
than I go/.

Thus, numbers of poor new fettlers were
accommodated and affifted with money to
carry on their fettlements ; to be repaid jn
eafy portions yearly, as the yearly produce
pf their lands fhould enable them.

Great inconveniencies had arifen in other
Colonies, from a depreciation of their paper
money, occafioned by emitting it in too
great quantities.

It v/as difhcult to know beforehand, what
quantity would be fufHcient for a medium
of exchange, proportioned to the trade of
the country ; and not to exceed the occa-
lions.

To prevent the mifchiefs attending an
over quantity j the government of Penfyl-
vania began v/ith a fmall fum of 15,000/.
in 1723 : proceeded toincreafeit gradually,

' . in

( 205 )'

in following years ; and thus prudently J^/*
for a proportion they could not pre'vioufly
calculate : and, as they never exceeded a
moderate fum, the depreciation was never

fo p-reat as to be attended with much incon-

q

venience.

The advantages that arofe from this adt.,
were from a view thereof, in 1752, thus
exprelTed, by a committee of aflembly, in.
their report of Augufl:, 1 9th.

" Furniihing the country with a medium

*' of trade, and of a kind that could not, to

" any purpofe, be exported 5 as it facilitated

" mutual commerce, k[Jened our taxes by

"' the inter eft it produced , and made it more

" eafy for every one to obtain ready pay for

** his labour, produce or goods, (a medluni

^^ fo evidently v/anted at the time paper-

** money was firfl ilTued) has doubtiefsj,

" been one great means of the fabfequent

** increafe of our trade and people, by in-

" ducing ftrangers to come and fettle among

" us. But your committee conceive that

** the manner of iffuing this medium, con-

** tributed no lefs to thofe happy efFecTts,

" than the medium itfelf. It was by the

" law diredted to be emitted on loans, in

*' fums of 12/. IOJ-. and upwards, not ex^,

" ceeding 100/, to one perfon for a long

** term.

( 2q6 )

term, on eafy intereft, and payable i^
yearly quotas ; which put it in the power
of many, to purchafe lands and make
plantations; (the loan - office enabling
them to pay the purchafe fo eafily j ) and
thereby to acquire eftates to themfelves,
and to fupport, and bring up families ;
but who without that affifcance, would
probably have continued longer in a fingle
flate, and as labourers for others ; or have
quitted the Colony in fearch of better for-
tune. This eafy means of acquiring landed
ellates to themfelves ; has, we fuppofe,
been one principal encouragement to the
great removal hither of people from Ger-'
many j where they were only (and could
fcarce ever exped: to be other than) ten-
ants. That it Ju[:iould be eafy for the in-
duilrious poor to obtain lands, and acquire
property in a country ; may, indeed, be
chargeable with one inconvenience ; to
wit, that it keeps up the price of labour,
and makes it more difficult for the old
fcttler to procure working hands 3 the
labourers very foon fetting up for them-^
felves ; (and accordingly we hnd, that
though perhaps not lefs than 30,000 la-
bourers have been imported into this pro-^
vince, within thefe twenty years; labour
continues as dear as ever;) yet this incon--
vcnience is perhaps more tlian ballanced^

( 2«

•* by the tiie and value of his lands, occa-
** fioned by increale of people : and to the
*' public in general, numbers of fubftantial
** inhabitants, have been always reckoned an
*' advantage. In fine, by rendering the
'* means of purchafing land eafy to the poor 5
'* the dominions of the cro\¥n are flrength-
*' ened, and extended ; the proprietaries dif-
** pofe of their wildernefs territory ; the
*' Britifb nation fecures the benefit of its
" manufad:ures ; and increafes the demand
*' for them ; for fo long as land can be eafily
*■' procured for fettlements, between the ^t-
*/ /anf^c and Pacific Oceans -, fo long "will la-
" hour continue to be dear in America : and
^' while labour continues dear, we can never
" rival the artificers, or interfere with the
" trade, of our mother country."

But the ad being expired, and the pro-
prietors and the people differing about the
terms of renewing it ; the former, (though
they and their deputies had received annual
prefents out of the interefl, amounting to
near 40,000/. yet,) infifting on greater fu-
ture advantages, which the allembly did not
chufe to allow; this excellent machine for fet^
tling a new country ^ now no longer fubffts.
And as by the late ad: of parliament, no
more paper-money can be iiTued in the Co-
lonies, that fnall be a legal tender ; it m.ay
, , perhaps

( 2o8 )

perhaps be necefiary for government here t6
make fome provilion of a currency for the
Colonies. If this fhould be neceffary, the
Peniylvania fcheme, which has by long ex-
perience, been found fo pradicable, and fo
ufeful ', may, v/ith a few changes, to accom-
modate it more to general purpofes, be
fafely and advantageoufly extended to all
tlie Colonies, by an ad; of parliament as
follows.

Let millions, in bills of credit (or

paper-money) be printed here, for, the ufe of
the Colonies.

Let a loan-office be ered:ed in each Co-^
lony, to iifue the bills, take the fecurities,
and to receive the quotas yearly paid in.

Let the bills be ifiued for ten years, pay-
able a tenth part of the fum yearly with
intereil, at 5 per cent.

Let the bills be made by the acS, a legal
tender in all the Colonies, and the counter-
feiting made death. — I delire to mark the
very material difference of a paper currency
created by ad: of parliament, and one ilTued
by the Colonies, (as the neceffities only of
the Colonifts have occaiion for it;) from a
paper currency poured like a deluge over a
' I country,

( 209 )

country, by a6l of afiembly only : Iji the one
cafe, the mifchief of its being a.legal tender,
has been feverely felt, and therefore forbid-
den : In the other cafe, the makin;^ it a le-
gal tender, is not only beneficial but necef-
fary.

'Let there be no limitation of the fums to
be borrowed by one perlon, but that every
one may borrow as much as he can give
double fecurity for, by a mortgage of rea,l
clear eflate.

And to prevent an over quantity being
extent at one time, let an intereil: of 4 per
cent, be allowed, for all fums lodg-ed in the
office, during the time the owner fuffers it to
remain there. By this meaiis, it is fiippofed,
the due proportion of jnoney that fidall be cur-
rent, will find itfelf', and adapt itfelf from
time to time, to the occaiions of com-
merce.

The efFedls of this fcheme would be,
that although the liiver and gold acquired
by the Colonies, would be all fent to Eng-
land ', yet they would have among them, in
confequence of this meafure, a legal tender.

They v/ould alfo have a fufficiency of caili
current for all jpurpofes.

Vol, I. ' P They

( 210 )

They would not have too much current at
one time -, as the allowance for intereil: for
fums lodged in the oflice, v/culd always
bring in the furplus.

The fettlement and unprovement cf new
trad:s of land would be greatly encouraged
and promoted, population encreafed, trad®

extended, &c.

The means of remittance to England
would be always at hand, and the commerce

thereby facilitated.

A great annual fum, continually increaf-
ing, will arife to the crown for interefl: 5
which, after dedudiing charges, may be ap-
plied to American purpofes, in eafe of this
kingdom -, and become a permanejit and ef-
fecihe revenue. A conliderable profit will
alfo arife to government, from the wearing
out, and total lofs of a great deal of fmall
money.

It will operate as a general tax on the Co-
lonies, and yet not aBiially be one -, as he v/ho
aHually pays the interelt, has^ an equivalent^
■ or more, in the ufe of the principal. But
the tax, if it can be fo called, will, in efFed:,
fpread itfelf more equally on all property j;
perhaps more fo than any other tax that can

be

( 211 )

he invented ; fmce every one who has the mo-^
ney in his hands, does from the time he' re-
ceives it to the time he pays it av/ay, virtually
pay the interefl: of it^ the firft borrower having
received the value of it, (to ufe for his own
profit), when he parted firil: with the original
fum. Thus the rich, who handle moft mo-
ney, would in reality pay mofi: of the tax.

Thefe bills having thus full credit ; the
government can iffue, on occaiion, any quan-
tity for fervice, in cafe of an American war ;
without needing to fend real cafb thither , by
hurtful contraBs.

Plenty of money thus continued in the
Colonies, will keep labour high, and there-
by prevent the apprehended danger of in-
terfering manufactures.

For the more eafy afcertaining of titles,
there fhould be a claufe in the ad, requiring
that all transfers, conveyances and incum-
brances whatfoever fhould be recorded—-this
of itfelf |would be a great benefit to the
Colonies.

The manner of carrying this propofal into
execution may be as follows.

A:\ office to be eflablifhed in London,
P % to

( 212 ) ,

to be managed by two Commiffioners,
appointed by the treafury^ their falaries
per annzwiy with per annum, for

clerks and incidents of office, to be paid out
of the revenue only, arifing from the in-
terefl.

The bulinefs of this office to be

1 . The printing of the paper money.

2. The ligning of it by the Commiffi-
oners.

3. The diflrihution of it to the offices in
America.

4. The entering of what is fent, accord-
ing to its number and denomination.

5. The communication and correfpond-
ence with the feveral loan - offices in the
Colonies.

6. The drawing up the inftrudlions for
the fame.

7. The receiving from thefe offices, ac-
counts of the iffuing the paper bills — thefe
accounts to contain, i. Account of the num-
bers and dates of bills iffiied. 2, State of

the

{ 213 )

the mortgages and fecurities. 3. Account
of interell received. 4. Account of intereft
paid for depolited money. 5. Account of
government drafts paid by the loan-office,
and faiaries paid to its feveral officers. 6. Ac-
count of bills exchanged, for thofe that are
over-worn. 7. Account of receipts of prin-
cipal money by inftalments, &:c.

And in general, the Commiffioners from
the monthly reports of the feveral offices in
America, of every branch of their duty, are
to form monthly abflrads and reports for
the treafury, of the ftate of the money cur-
rent ; of the amount of the intereil money in
the loan-offices, at the government's dif-
pofal -J of the ftate of each office^ and the
farther regulations from time to time neeef-
fary to be made, either by orders from the
treafury, inftrudlions from the Commiffion-
ers, or further legal powers, or dirediions by
a(5l of parliament ^ or by inftruCtions necef-
fary to be fent to the governors in America*
recommending ads of alTembly proper to be
made in that country.

The Commiffioners are alfo to draw up
directions and inftrudions to the InfpeBorSy
whofe office will be hereafter defcribed.

And they are to fuperintend all the other
P .3 part3

( 214 )

parts of the admin iftration and execution of
this fcheme, as will be more particularly
pointed out hereafter, in the defcriptions of
the feveral offices and officers in America,
with their refpedive duties.

Loan-Office in each province.

"o confiil of Trtijieesy Solicitor, and Clerk.
The province to be divided into diftricts.

A large province into eight diftrids, a fmall
hice into fewer.

Each diftrid to have a Truilee appointed
otit of its own refident inhabitants, one w^ho is
a freeholder that can give fufficient fecurity
to the crown within the province. So that
the loan-office of the largeft province Vv^ill
confift of eight Truftees, and the fmaller
in proportion to their diftridts, into Vvhich
they are divided, fome not having more
than two.

The Truflees to be appointed by ad: of
ajSembly, and upon their appointment to
qualify themfelves, by giving the fecurity
required to the crown, and taking the ufual
oaths (or affirmation) and oath (or affirma-
tion) of office.

Each Truflee to hav^ lOo/. -per anniiju,

out

( 215 )

out of the interefl: ariiing by the loans of the
bills.

The principal adiing TruHee to refide in
the capital of the province where the office
is to be kept, and to have 200/. or lefs in
fome provinces, for his conftant attendance,
and the incidents of office, beiides his falary
in common with the reft.

The Truflees to be appointed, only for
the term of five years, at the expiration
whereof, they are to account fully to the
governor in council, affifted by one of the
inipediors hereafter defcribed, and deliver up
all books, deeds, depolited caili, &c. to their
fucceiTors, upon which they are to receive
their quietus.

All the Truftees are to meet once a month
at the office, to lign the bills to be iffued, to
coniider the applications for money, examine
the goodnefs of the fecurity offered, and fix
the fum to be lent on each fecurity; not lefs
than a majority of the Truilees to order the
loans, and not lefs than two to iign and date
the bills to be iffiied. They are alfo to take
charge of, and keep in fome fafe place, the
fecurity deeds mortgaged ; and f&ey are to
chufe a perfon il^illed in the law of titles, to
P 4 be

( 2l6 )

Be their Solicitor^ who is to be paid by the
fees arifing in the office, viz. 2.0 Si on every
rnortgage ^ for which he is to examine, and
make extracfts of the titles or fecurities of-
fered, for the infped:ion of the Chief 'Jufiice
of the province, (if referred to hirn,) and
of the Truflees ; to prepare the mortgage
and counterpart, with the bond and warrant
of attorney, and to record the mortgage. He
is ahfo to keep a book of applications, noting
them dovv'n in the order of time in v/hich
they are made, the fum deiired, and the fe-
curity offered in mortgage. He is to get
blank mortgages printed, of a prefcribed
form. There are to be triplicates of each
mortgage, the iiril is. to be executed by the
mortgager, and lodged in the office i the
fecond, an exa(5l copy delivered to the mort-
p-a^er for his dired:ion, as it contains the
times and proportions of payments, both
of inftallments and intereil:; the third to be
kept in a bound book, and there made the
record.

The clerk is alfo to be appointed by the
Truitees. He keeps a book of allowances, io^
called, becaufe therein is put down what
fums the Trullees think proper to allow or
lend to each applyer, according to their
opinion of the fecurity offered. He alfo

computes

( 217 )

coniputes the quotas or inflallments and in-
tereft, making together the fum to be paid
each year, by the mortgager; and gives a
copy thereof to the SoHcitor, to be by him,
(after the approbation of the Truftees givert
to it,) inferted in the mortgage; He keeps
alfo a day book, in which is noted, '

The emiffions and receipts of each day,
viz.

The fums lent in mortgage, and to
"V^horn.

The fums received from each mortgager^
diftinguifhing principal and interefl.

The fums depolited in the office, for
which 4 per cent, is to be allowed by the
<5ffice.

The returning of fuch funis, with interefl
paid.

The fums of new bills exchanged for
old.

The drafts of government for interefl mo-
ney, as paid by the Truftees,

The

m

{ 2i8 )

The Truilees Salaries, v»^hen paid, and the
allowance for incidents.

N. B. The perfon bringing any money
bills to be depoiited in the office, for the
Durpofe of receiving the 4 per cent, is to
Dreoare two fchedules of faid bills, one to be
iigned by the ailing Truftee, and delivered
to him y the other to be iigned by him and
delivered into the office, to be kept by the
TruiLees. And no fum under 100/. is to be
deoolited on the terms of receiving interefl,
and the interejl muji tzot commence till one
month after the depojit made.

The clerk is to keep a ledger, in which
the day book accounts are to be polled up,
ynder their refped;ive heads.

The Truftees, from thefe books, &c. are
to form monthly abilrads of the whole
ftate of the currency, and the buiinefs of the
office, and to fend the fame iigned by a.
majority of the whole number, to the com-
miffioners' office in England, in order that
the commiffioners may form ftates from
time to time, as the treafury fliall require,
of the whole of the currency throughout the
continent, as well as of the fl:ate of each
office in the refpedtive Colonies.

Provifion '

( 219 )

Proviiion for check and control of the exe^'
cution of the office in America.

1. The diredion and inllrudions of the
commiffioners refid^ng in England.

2. Two InfpeSfors to be commiffioned by
the treafury, to a6t under their inftrudiions,
and the inflrud:ions of the commiffioners -,
and to report to them. They are to vifit all
the offices in America at leait once a year,
and to infped: the accounts, caih, &c. as
often as they fhall fee occafion, or fliall be
dire(5ted by their fuperiors, and to join with
the governor and council of each province
in the auditing of the accounts of the office.
And if, upon any of thefe infpe(5tions, an
infped:or fhall difcover any mifmanagement
which requires imm.ediate remedy, he is not
only to report to the commiffioners in Eng-r
land, but to the governor of the province -,
and if it appears to the governor and council
neceffiary, the governor to call together the
aiTembly immediately, in order to the ap-^
pointing new Truflees ; and to order, by
advice of council, the profecution of the de-
linquent Trufte^s, to the forfeiture of their fe-
curities, and fuch other penalties as they may
have incurred.

- 3. Thp

i 22p )

3. The governor and council (the infpec-
tor affifting) to audit the accounts of the
loan-office within each province annually.
The governor and council to be allowed

for their troublco

N. B. In thofe provinces where the s:or-
vernor is not appointed by the croTv ;i, per-
haps feme addition may be thought proper
to be made to this board for auditing.

4. A committee of the aflembly to in-
fpcCi the ftate of the office, for their own

latisfaclion and information, that in cafe
tliey difcover any mifmanagement or delin-
quency, they may apply to the governor,
that proper fteps may be taken to remedy

the fame.

When the accounts are to be infpedled
and fettled, the Truftees will be charged
with the loan money put into their hands,
and difcharge themfelves by producing
mortgages for the whole, or for part ; and
the remainder in bills.

They will be charged with the new bills
put into their hands, to exchange fuch as by
wearing are become unfit for farther cur-
rency, and difcharge themfelves by produc-
ing

( 221 )

ing fiich worn bills for part, and the remain-
der in new bills unexchanged.

They will be charged with the account of
intereil received -, and difcharge themfelves
by their falaries, by government draughts
which they have paid, by interefl they have
paid on fums depofited, and by producing
the remainder irl bills in their hands.

They will be charged with the parts of
the principal fums received yearly, as inftal-
ments^ and difcharge themfelves by mort-
gages on which the fame were remitted, and
the remainder in bills.

They v^^ill be charged with the fums de-
pofited in their hands, to bear intereil: -, and
difcharge themfelves by producing receipts
for what they have returned, and for intereft
paid, and bills in their hands for the fums
thev have not returned.

CHAP.

( 222 )

C H A P.
Admtnijlration of their Indian Affairs,

ITAVING now gone through the con*
J^ iideration of every point of internal
adminiftration, let us wt^X review thofe ex-
ternal relations by which the interefts of the
American fettlements ftand connected with
the Indian country and its inhabitants. Our
Colonies mufl necelTarily have connexions
both of trade and politics with thefe people,
of a nature different from any other ^ as they
are planted in countries inhabited by a race
of people, who differ in their circumflances
and in their politics from any other nation,
with whom there remains, either in hiftorv
or on record, any example of alliance.

Perhaps it may not be unentertaining ; I
am fure it is neceffary to the true knov/ledge
of Indian affairs ; to take up this fubjedt,
fomewhat higher than has been ufual in the
ordinary way of conlidering it.

The different manner in which this globe
of earth is poffeffed, and occupied by the dif-
ferent fpecies of the human race v/hich in-
habit

(223 )

habit it j mufl: form the fpecific diiierenoe
in their interefts and politics.

The human race, which is at prefent
found on this earth, may be precifely divided
into three families ; generically, and in their
elTential properties, didind: and different each
from the other. And, for aught I know, it
is to this natural truth, that the heaven-
direded pen of the author of the books of
Mofes may refer, when he gives precifely,
and only, three fons to Noah; Thefe three
different fpecies, or race, are-— The white
race — the red — the black. It is not barely
the colour of thefe tv^o iirfl, which diftin-
guiilies them ; the form of their fkull, and
their hair, where there has been no mixture,
is fpeciiically different from each other ; and
a true Indian will not judge by any other dif-
tin^tion : the black race has wool infcead of
hair, as alfo a form of flcull different from
both the other two.

The holy books, after having given a phi-
lofophical account, cloatlied in drama, of the
origin of things, feem to confine their real
narrative to the hiilory of the white family,
to that race of people who have been land-
workers from the beginning; who, where-
ever they have fpread themfelves over the face
of this globe, have carried v/ith them the art of
4 cultivating

( 224 )

cultivating vines, and fruit trees — and the
cultivation of bread corn : who, v^herever
they have extended themfelves, have become
fettlers ; and have conftantly carried with
them the fheep, goat, oxen and horfe, domi-
ciliated and fpecially applied to the ufes and
labour of a fettlement.

Of the black family I fay nothing in this
place, as not concerned in the prcfent conli-
deration.

The red family, were originally, wherever
found, and are yet in moft parts. Wan-
derers. The Tartars are in one part wan-
dering herdfmen, and in other parts hunters
and fiihermen. The American Inhabitants,
(Indians, as we call them, from the word
Anjo, or Ynguo, iignifying a man in their lan-
guage) are the lame race of people from one
end of the continent to the other -, and are
the fame race or family as the Tartars ; pre-
cifely of the fame colour 9 of the fame form
of fkull ; of the fame fpecies of hair — not
to mention the language and their names of
rivers, mountains and other natural objecfls.

America, in its natural flate, is one great

foreft of woods and lakes ; flocked not v/ith

flieep, oxen, or horfes; not with animals of

labour, and fuch as may be domicihated -,

-2 but

( ^25 )

but with wild beafts, game and fifli ; vegetat-
ing, not with bread-corn, but with a fpecies
of pulfe, which we call maize; of which
there is great doubt whether it be indieenous
or not. — All therefore that this country af-
forded for food or raiment, mull: be huntecj
for. The inhabitants of confequence v/otild
naturally be, as in fadt they were, not land-
workers, but hunters ; not fettlers, but wan-
derers. They v/ould therefore, confequently,
never have, as in fa6t they never had, any idea
of property in land : of that property, which
anfes from a man's mixing his labour with
it. They would confequently never have,
as in fad: they never had, any one commu-
nion of rights and actions as extended to
fociety ; they never had any one civil u?iiofi ;
and confequently they could not ever have,
nor ever had any governtnent . They know
no fuch thing as adminiilrative or executive
power, properly fo called : * they allow the
authority of advice ; (a kind of legiilative au-
thority;) but there is no civil coercion amongfl
them : ihey never had any one colleciive aBu-'
ating power among the whole,, nor any
magiftrate or magifcrates to execute fuch
pov/er.

* Reges erant aucSloritate fuadcndi non potefiate
jubendi.

Tacit de Mor. Gern. § rr.

Vol. I. Q_ ^ The

( 226 )

The race of white people migrating from
Europe, Hill continue land-Vv^orkers -, and
have made fettlements in the parts of America
which they occupy; and have tranfported
thither bread-corn, fheep, oxen, horfes, and
other ufually domeftic animals, that are do-
miciliate with thefe fettlers.

They are a community — they are a fo-
ciety— — -they live under government, and
have a fixed property in their lands ; have a
fixed permanent intereft j which mufl fabfift
tinde?' a continued f cries of fecurity. The lo-
cality of the labour of thefe fettlers, necef-
farily produces a reciprocation of wants and
an intercommunion of fupply, by exchange
of m.utuai necefi'aries. This alfo leads to
an intercourl'e of commerce with others,
who are not immediately within their com-
munity—And hence arifes a comimercial in-
terefc to thefe fettlers.

From the European defire of having the
furs and peltry of the Indian hunters, and
from the Indian delire of having the more
ufefuland neceffary tools and inftruments of
improved life ; - an artificial reciprocation of
ivants has arifen between the European fet-
tlers, and the original inhabitants of Ame-
rica ; which hath gradually extended itfelf
to many articles not at firil called for— — -

A.nd

( 2^7 )

And from this intercourfe of commerce, nas
arifen a necejjary relation of politics bet-ween
them.

The only true fpirit which ought to adiu-
ate thefe politics, muil arife from a due
knowledge of the circumftances and interefts
of each 5 and from a conilant invariable at-
tention to that compolite interefl: which is
formed by their alliance.

The interefl: of a community of fettlers^
muft lie in a permanent feries of fecurity to
their cultured lands ; as the making fettle-
ments is by the fucceffive yearly application
of reoeated labour, and of its eventual fu-
ture efied:. Settlers and landworkers want
but fmall trads of land j but muft have a
fixed and permanent local property therein.
A nation of hunters require a much greater
extent of country, in the proportion that the
wide extended produce of a hunt, bears to
the local bounded produce of a farm or fet-
tlement ; fo that the Indian property of comi-
try, confijis of two forts, their dwelling lafids
and their hunt.

The intereft of a tribe of wanderers, lies
in the proted:ion and fupport of the aged, of
the women and children— 'Under the tem-
porary locations of dwelling, which the fe-
<Xz verity

( 228 )

Verity of the winter feafon ; the occalion of
the procuring pulfe in the feafon of vegeta-
tion ; and the times of parturition ; render
neceirary even to wanderers.

As fixed regulations and protediion of
trade, muft be the elTential fpirit of the po-
litics and the law of nations to a commer-
cial nation * ^ fo an exa6t and ftridt obferv-
ance of the laws of fporting, the proted:ion
of the game, and the moft rigid fand:ion of
the i)unt y (better perhaps underftood by our
fportfmen than our politicians 3) become the
iaws of natioits to an hunting nation.

* Hunting being but the amufement, the diverfion
of a nation of fettlers, the rights and laws of it may
not appear as national points — but to a nation of hun-
ters thefe become the national interefts and the laws of
nations. — A violation of thefe laws of nations ; as fub-
fifting between nations of hunters, was the caufe of the
war between the Five - nation confederacy, and the
Oilinois. The Ohio hunt, to the fouth-eaft of lake
Erie, was common to thefe nations ; the laws of the
hunt required, that at each beaver pond, the Indians
fhould leave a certain number of males and females ;
the Oilinois, on fome occafion of pique, deftroyed all.
The Five- nations declared war againft the Oilinois.
The Indian war ends not but in the total redu(9:ion of
the one or the other. The Oilinois were totally con-
quered. The conquered country, as well as the hunt,
became the right of the Five-nations, and were, arrongft
the rell: of their lands, put, by them, into the hands of
the Engiifb in truft.

From

( 229 )

From thefe principles let us carry our con-
liderations into fa(fls.

The European landworkers, when they
came to fettle in America, began trading
with the Indians ; and * obtained leave of
the Indians to cultivate fmall tracts as fettle-
ments or dwellings. The Indians, having
no other idea of property than what was
conformable to their tranfient temporary
dwelling-places -, eaiily granted this. When
they came to perceive the very different ef-
fed: of fettlements of landworkers, creating
a permanent property always extending itfelf,
they became very uneafy; but yet, in the
true fpirit of juftice and honour, abided by
the eifed:s of conceilions which they had
made ; but which they would not have made,
had they underflood beforehand the force of
them.

From this moment the politics of the In-
dians were fixed on, and confined to, two
points. The guarding their dwelling lands
and their hunts from the encroachments of
the European fettlers ; and the perpetually

* Perhaps New-England may be an exception : The
Indians began an unjuft: war againft them ; they con-
quered thefe Indians; and their claim /is befl:,' as well
as juftly, founded in conqueft, which the Indians
acknowledge.

Q^ 3 labouring.

( 230 ) .

labouring, (to our utter fhame, in vain,) to
ellablifli fome equitable and fixed regulations,
in the trade carried on between them and

the Europeans.

The European encroachments, not only
by the extent of their fettlements, but by
their prefuming to build forts in the Indian
dwelling lands, and in the territories of their
hunts, without leave, or by colluficn , and
the impoiitions and frauds committed againfi
the Indians in trading with them, have been
the occafion of conilant complaint from the
Indians y and the invariable fource of Indian
hofdlities : and yet even thefe might have
been furmounted, were it not that we have
conftantly added an aggravation to this in-
jufcice, by claiming a dominion in confe-
quence of a landed pqffejjiojz. ' Againft this,
the free fpirit of an Indian will revolt, to the
laft drop of his blood : This will be a perpe-
tual, unremitted, caufe of war to them
againft us. Againil: it, they have at all times,
and upon all occaiions proteiled ; and they
will never give it up. As long as we keep
up this ufelefs, faithlefs, claim of dominion
over them ; fo long lliall v\'e be embroiled in
war with them. The European power may
perhaps finally extirpate them ; but can never
conquer them. The perpetually increafing
generations of Europeans in America, may

fuppiy

( ^31 )

fupply numbers that mud, in the end, wear
out thefe 430or Indian inhabitants from their
own country; but we flrall pay dear, both
in blood and treafure, in the mean v/hile^ for
our horrid injuflice. Our frontiers, from
the nature of advancing fettlements, diA
perfed along the branchings of the upper
parts of our rii^ers, and fcattered in the dif^
united valh'es, amidit the mountains ; muft
be always unguarded, and defenceiefs againit
the incurfions of Indians. And v/ere we
able, under an Indian war, to advance our
fettlements yet farther, they would be ad-
vanced up to the very dens of thofe favages.
A fettler v/hoUy intent upon labouring on
the foil, cannot jftand to his arms, nor defend
himfelf againfl, nor feek his enemy : ,Envi-
roned with woods and fv/amps, he knows
nothing of the country beyond his farm- —
The Indian, knows every fpot for ambufh or
defence., The farmer, driven from his little
cultured lot into the woods, is loft : the In-
dian in the woods, 'is every where at home :
every bufh, every thicket, is a camp to the
Indian ; from whence, at the very mom.ent
when he k fare of his blow, he can rufli
upon his prey. The farmer's cow, or his
horfe, cannot go into the woods, w^here alone
they muft fubiift : his wife and children,
if they fhut themfelves up in their poor
wretched loghoufe, will be burnt in it : and ^
0^4 the

( 232 )

the hulbandman in the field will be (hot
down, while his hand holds the plough. An
European fettler, can make but momentary
efforts of war, in hopes to gain fome point,
that he may by it obtain a feries of -fecurity,
under -which to v/ork his lands in peace :
The Indian's whole life is a warfare, and his
operations never difcon tinned. In fliort, our
frontier fettlements mufl ever lie at the
3;nercy of the favages : and a fettler is the na-
tural prey to an Indian, whofe fole occupa-
tion is war and hunting. To countries cir-
cumflanced as our Colonies are, an Indian is
the mod dreadful of enemies. ^ — For, in a
war with Indians, no force whatever can de-
fend our frontiers from being a conftant
wretched fcene of conflagrations, and of the
molt {hocking murders. Whereas on the
contrary, our temporary expeditions againU:
thefe Indians, even if fuccefsfal, can do thefe
wanderers little harm. Every article of their
property is portable, which they always carry
v/ith them — And it is no g-reat matter of

o

diilrefs to an Indian to be driven from his
dwelling ground, who finds a home in the
firfl place ihat he fits dov/n upon. And of
this formidable enemy, the numbers, by *
the latell accounts, are 23105 fighting
men.

■* This refers to the 3'ear 1763.

If

( ^33 )

,If we entertain an idea of conqueft, in
fupport of this ambitious folly of dominion,
we muft form fuch a feries of mao-azines'

o

and entrepots for ftores, ammunition and
proviiions ; v/e muil maintain in conflant-
employ fuch a numerous train of waggons
for the roads, fuch multitudes of boats and
veffels for the waters j we muft eilabliih
fuch a train of fortified pofls ; v/e mufl: fup-
port fuch a numerous army ; we mufl: form
and execute fuch an enlarged and compre-
henfive fyfiem of command ; as fhall give
us military poffeilion of the whole Indian
country. Let now any foldier or politician
coniider the enormous endlefs expence of all
this condud:, and then anfwer to what pro-
fitable purpofe fjch m.eafure leads ^ v/hich
may in a much better and jufter way be ob-
tained.

If our government conliders this well, and
will liften to thofe who are befl verfed in In-
dian affairs, it will be convinced that honefl:y
is the befl policy; and that our dominion in
America, will be beft and furefl; founded in
f^ith and judice, tovv^ard the remnant of thefe
much-injured natives of the country.

In this hope, and with this view, I will
endeavour to ftate the Indian rights, and our
duty tov/ard themx 3 and to point out that

line

( 234 )

line of conduct:, which leads to it-^Aad 'liril
of the Kenundrionij or the Five-nation con-
federacy.

The Indian lands are of two kinds-
Their dv/elling land, v/here their caftles arej
and their hunting ground. The dwelHng
lands of the Kenundiioni, or the Five-nation
confederacy, is called Kenunftiomga, and is
at the top or higheft part of the continent,
from whence the waters run every way— By
the waters of Canada into the gulph of
St. Laurence ^ by all the rivers of the Engiifh
Colonies into the Atlantic ocean j bv the
waters of the Miffiffippi into the gulph of
Mexico. They rnay, in a general manner,
be thus defcribed, by a line run from near
Albany, north-weftward. along the Mohawk
river on the north lide of it, north round
Oneida lake, to the north-eaft corner of lake
Ontario, thence along the lakes to Cana-
hoga on lake Ofwego or Erie ; thence lixty
miles directly back into the country ; thence
to Shamokin, on the Sufquehanna river 5
thence along the Cufliietung mountains ;
thence again to the lower Mohawk caftles.
The Indians themfelves defcribing, under
confidence, to a friend of mine at Ononda-
ga, this their lituation, faid, " That it has
** many advantages fuperior to any other
" part of America. The endlefs moun-

" tains

( 235 )

** tains feparate them from the Engiiili, all
'^^ the way from Albany to Georgia. If
** they iliould have any defign againft the
" Englifh, they can fuddenly come down
" the Mohawk's river, the Delaware, the
^V Sufquehanna, and Potomac, and that with
** the ftream. They have the fame advan-
*' tage of invading the French, by the wa-
*^ ters of the river St. Lawrence, Sorel, &c.
" If the French iliould prevail againft t'-.is
'' country, they can, wiih their eld men,
** wives and children, come down the
" ftreams to the Englifh. If the EngKdi
" Ihould prevail in attacking their country,
*' they have the fame convey iince down
** to the French -, and if both fhould join
** againfl them, they can retire acrofs the
** lakes,"

Their hunting lands are - — Flr/i, Cocxfa-
chraga, a triangle, lying on the fouth-eaft
fide of Canada, or St. Lawrence river,
bounded eallward by Saragtoga, and the
drowned lands ^ northward, by a line from
Regiochne point (on lake Champlain, or, as
the Indians call it, Caniaderiguarunte, the
lake that is the gate of the country) through
the Cloven rock, on the fame lake, to Of-
wegatchie, or la Galette 5 fouth - weftward
•by the dwelling lands of the Mohawks,
Oneidas, and Tufcaroraos.

Secondly^

( 23^ )

Secondly, .Oh.iQ^ all that line country (and
therefore called Ohio) lying on the fouth
and eait fides of lake Erie, fouth- eafi: of their
dv/eliing lands.

'Thirdly, Tieuckfouckrondtie; all thattra<fl:
of country lying between the lakes Erie and
Oilinois,

Fourthly, 'Scaniaderiada, or the country
beyond the lakej all that trait of country
lying on the north of lake Erie, and north-
wefl of lake Ontario, and between .the lakes
Ontario arjd Hurons.

The right of the Five-nation confederacy
to their dwelUng lands and the hunting
ground of Couxfachraga, and even down to
the bottom of lake Charnplain, was never
difputed. The lands to the northward of
PvCgiochne, and la Galette, have long iince
been ceded to the Canada Indians as an hunt-
ing ground.

In the year 1684, the Five nations finding
themfeives hard p relied by the French and
their Indians, did, by a treaty at Albany,
put the hinds and callles of the Mohawks
and Oneidas tinder the proteBion of -the £;z-
glijh go-vernment : and the lingliih accordrr
ingly undertook the truji to guarantee them

to

( '^Zl )

to thefe Indians. And as the external mark,
by which this ad; and deed fhould be anoun-
ced, the Indians deiired that the duke of
York's * arms might be affixed to their
cafties.

The right of the Five-nation confederacy
to the hunting lands of Ohio, Tieuck-
fouchrondite and 'Scaniaderiada, by the con-
queft they had made in fubduing the Shao-
anaes, Deiawares, (as we call them) Twic-
twes and Oilinois, may be fairly proved as
they flood poiTeffed thereof, at the peace of
Refwick, in 1697.

In the year 1701, they put all their hunt-
ing lands under the protedtion of the Engliih;
as appears by the records, and by the recital
and confirmation thereof in the following
deed.

In the year 1726, the Seoeccas, Cayou-
gaes and Ononda-agaes acceded to the fame
terms of alliance, in which the Mohawks

and Oneidas were already- So that the

whole of the dwelling and hunting lands of
the' Five-nation confederacy, were put under

* The Duke of York was proprietor of all the tra£l
called new Netherlands, viz. New- York and New jerfey.

the

( 238 )

the proted:i*oii of the Engliih, and held by
them IN TRUST, for and to the use of thefe
Indians and their pofterity.

Copy of Agreement with the Sachems of
the Five Nations.

TO all people to whom this prefent in-
flrument of writing fhail come. Whereas
the Sachems of the Five Nations did, on the
nineteenth day of July, One thoufand {even
hundred and one, in a conference held at
Albany, betv/een John Nanfan, Efq; late
lieutenant-governor of New-York, give and
render up all their land where the beaver-
hunting is, which they won with the fword,
then 80 years ago, to Coorakhoo *, our
great King, praying that he might be their
prote6lor and defender there, for which they
delired that their fecretary might then draw
an inftrument, for them to iign and feal,
that it might be carried to the King, as by
the minutes thereof, now in the cullody of
the fecretary for Indian affairs at Albany,
may fully, and at large appear.

"W E, Kanakarighton and Shanintfaronwe,
Sinneke Sachems ; Ottfoghkoree Dekanifo-

* It is by this name that they mean the King of
England.

6 ree

( 239 )

ree and, Aenjeueratt ; Cayouge Sachems ;
Raclyakadorodon and Sadageenaghtie, O-
nondago Sachems, of our ov/n accord> free
and voluntary will, do hereby ratify, con-
firm, fubmit and grant ; and by thefe pre-
fents do (for ourfelves, our heirs and fuccef-
fors, and in behalf of the "vv hole Nations of
Sinnekes, Cayouges and Onondages) ratify,
confirm, fubmit and grant unto our moft
Sovereign Lord George, by the Grace of
God, King of Great Britain, France, and
Ireland, Defender of the Faith, c:c. his
heirs and fucceflbrs for ever, all the faid
land and beaver-hunting, to be proteBed and
def endued by his faid majejiy, his heirs and fuc-
ceiTors, to and for the use of us, our heirs
andfiiccefforSi and the faid three Nations 3 and
we do alfo of oar ov/n accord, free and vo-
luntary will, give, render, fubmit and grant,
and by thefe prefents do, for ourfelves, our
heirs and fucceffors, give, render, fubmit,
and grant unto cur faid Sovereign Lord King
George, liis heirs and fucceffors for ever, all
that land lying and being fixty miles diilance
taken direcilily frcm the water, into the coun-
try, beginning from a Creek called Cana-
hoge, on the lake Ofwego, all along the
faid lake, and all along the narrow paiTage-
from the faid lake to the falls of Oniagara,
called Canaquaraghe, and all along the river
of Oniagara, and all along the lake Catara-

qui

( 24Q )

dui to the creek called Sodons, belonging to
the Sinnekes, and from Sodons to the hill
called Tegechunckferode, belonging to the
Cayouges, and from Tegechunckferode to
the creek called Cayhunghage, belonging to
the Onondages ; all the faid lands being of
the breadth of lixty Engliih miles as afore-
faid, all the way from the aforefaid lakes
or rivers, dired:ly into the country, and
thereby including all the caftles of the afore-
faid three Nations, with all the rivers, creeks
and lakes, within the faid limits, to be pro-
tecied and defended by Jots faid majefy^ his
heirs and fuccejjhrs for every to and for our
USE, our heirs ajid fuccefjors, arid the faid
three nations.-^

In tellimony whereof, we have hereunto
fet our marks and affixed our feals, in the
city of Albany, this fourteenth day of Sep-
tember, in the thirteenth year of his majefty's
reign, Annoque Domini 1726.

The mark of V^^'^'f ^ Sachem of
Raclyakado- V\/ i theOnonda-
rodon, ^ J / M. g^s. (L.S.)

The

( 241 )

The mark
of Kana-
karighton.

The mark of
Otfoghkoree,

The mark of Sa-
degeenaghtie.

The mark of
Dekaniforee,

Vo:l.L

a Sachem
of the Sin-
nekes.
(L.S.)

a Sachem of the
Cayouges.

(L.S.)

a Sachem of the
Onondages. (L, S.)

a Sachem of the
Cayouges.

(L.S.)

The

( H2 )

The mark of

Shanintfa-

ronvvee.

a Sachem of

theSinnekes.

(L.S.)

The mark
of Aenjew-
eratt.

a Sachem of
the Cayou-
ges. (L.S.)

Signed, fealed, and delivered,
in the Prefence of us

Philip Livingfton, Mynderfl Schuyler,

Peter Vanbrugh, Lawrence Claufen.

Secretary's Office, New- York. The pre-
ceding is a true copy of the Record in Lib.
Patents, Numb. 9. p. 253, 254. Examined
and compared therewith by

Geo. Ban YER, Deputy Secretary.

Inflead

( 243 )

Inflead of executing this tnijl faithfully and
with honour j by extending to the Indians
our civil protection againft the frauds of the
Englifh, and our military protedion againft
the attempts of the French; we have ufed
this truft only as a pretence to ajfume a domi-
nion over them — We have fuifered the En-
glifh fettlers to profit of every bad occafion
to defraud them of their lands— We have
never made any efrediual regulations to pre-
vent their being defrauded in their trade ;
and until our own intereft appeared to be
affected, v/e abandoned them to their ovv^n
chance and force, oppofed to the llrength of
a pov^erful enemy. Nay, when at laft we
thought necelTary, for the fake, not of na-
tional faith and honour ; for the fake, not of
thefe our faithful allies ; but for the fake of
our own fafety and intereft, to interfere, in op-
poling the French encroachments; '^' we took

it

* Seeing, when I was at Alexandria, by order of the
late Duke of Cumberland, to meet General Braddock,
the heedlefs headlong way of proceeding — on which
Colonel Johnfon was ordered (as though the Indians
were flaves, or under military difcipline) to bring fo many
Indians into the field ; I remonitrated againft this pro-
ceeding, and ftated, That if we did expert to engage
the Indians to join us, we muft do it on the ground of their
treaties with us. This Was neither perfectly underftood
nor attended to : Yet from the lituation in which both
General Braddock and General Shirley knew I then
flood — • they found it prudent to give fome attention to
what I fuggelled ; and defired me to draw up fome in-
R 2 ftrudiona

( 244 )

it up as difputing the empire of America
with the French ; not as prote(fting and
guarding the Indian lands and interefl to
their ufe, agreeable to the facred truft by
which we were bound. — And thus thefe fa-
vages (as we to our own fhame call them)
repeatedly told us, " That both we and the
** French fought to amufe them v/ith ^ne
" tales of our feveral upright intentions :
" that both parties told them, that they
" made war for the protedlion of the Indian
" rights, but that our aBions plainly difco-
" vered that the war was only a conteil
** who fhould becom.e mafters of the coun-^
** try, which was the property neither of
*' the one nor the other." Since we have
driven the French government from Ame-
rica, we have confirmed this charge of the
Indians againft us j by affuming that domi-
nion which in faith and jufliice we cannot
fay we have gained over the Indians, which,
in fad:, we have not gained, and which (be it
remembered) will cofi: m^orc blood and trea-
fure before we do gain it, than it is for the
honour and intereft of Great-Britain to ex-
pend in fo bad and ufelefs a caufe. While

ftru£lions for Colonel Johnfon. On that ground I imme-
diately drew up thofe which are in the Appendix, N°. XI.
— which were fent after Colonel Johnfon i and which
became the ground, as Colonel Johnfon afterwards
vtrote me, on which he was enabled to engage the In-
-dians.

thefe

( 245 )

thefe poor tribes of hunters remain, it will
be our own fault if they do not remain in
perfect harmony and good alliance with us.
As hunters, their intereft can never interfere
with ours, as fettlers ; but, on the contrary,
will become the fource of a natural and the
mofl profitable trade to us as traders. They
are continually wearing away, and as they
diminifli or retire, they cede their lands to
us in peace 5 which we thus in time (as fafl
as we can really want them) may poffefs in
right and juftice, untainted with the im-
peachment of having been gained by murder
and fraud. While therefore we do remain
a great and juft nation, as we pride ourfelves
Great Britain is ; we {hould abhor the black
bafe thought of ufing the power which pro-
vidence hath given us, to the ruin and de-
flrudion of thefe brave and free people ; of
thefe people who gave us our firft fettlement
in this country, and have lived with us, ex-
cept under fome temporary interruptions, in
a feries of faithful alliance.

If thefe confideratlons, taken up in the
courfe of that general review of the Colonies,
and of the adminiftration of their aitairs,
v/hich I now pubiifh, were intended as an
exprefs treatife on Indian affairs ; 1 fhould
think it right to examine all the complaints
and feveral claims of juftice which the Five-
nations have made, and have repeated for
jnany years j which I would found firil: on
R 3 extrads

( 246 )

extrads from the records of Indian afFalrsj
and fecondly, on the hi (lory of the landed pa-
tents; and thirdly, on the occafions taken to
ered:, without their leave, forts on the Indian
lands, which meafiire the Indians always con-
iider as an ad: of dominion. In this general
view I fhall only point out that (hameful pa-
tent of Ka-y-adarofferos above Albany : that
pretence of claim by the corporation of
Albany for the Mohawk-fiats, the very reli-
dence of the Mohawks, and fome others on
the Carrying place, at the head of the Mo-
hawk river — —all which ought to be taken
into immediate confideration, that juftice
may be done both to the Indian and European
claimants; and that the matter may not re-
main perpetual caufe of umbrage, and per-
haps the fource of war. Government ought
alfo very feriouily to revife the principles on
which they are now endeavouring to take
poffeliion of the Indian country by forts and
p-arrifons ; built many within the Indian dwell-
ing lands, and many within their hunting
lands, and on the paffes and communica-
tions of thefe. It is undoubtedly right to
mxaintain the command of that country; but
there is a way to do it with {2,itty and juflice.
The meafares we are taking by force, will
be found to have neither the one nor the
other in them ; nor do I fee how common
prudence can adopt the enormous charge to
which fuch meafiires mufl lead.

c Wc

( 247 )

We have feen that Sir William Johnfon,
although he took Niagara from the French
by force of arms, never conlidered this as a
conquefl of thefe lands from Indians j but
has, agreeably to his ufual prudence and his
perfe(ft knowledge of Indian affairs, obtained
by formal treaty, a ceffion of thefe lands
from the Indians to the crown of Great-
Britain. The wifdom, as well as the fuc-
cefs of this example, ought to lead our poli-
tics to the fame condud: in every other
cafe, where we have built or obtained forts
within their lands, efpecially as many of
them were built under exprefs promife of
their being difmantled as foon as the war
fliould ceafe -, and as the Indians were ex-;
prefsly and folemnly promifed to have a fa-
tisfa(5tion given to them for the ufe of thefe
lands *.

The Shawanefe and Delawares are more
immediately connected with the province of
Penfyivania ; and although, as fubdued by,
they are under obedience to the confederacy
of the Five-nations 5 yet, under tutelage and
proted:ion of the confederacy, they poflefs
their rights to their own countiy. Was this,
as I have faid, a particular treatife on Indian

* This ad vice was taken under the meafure of the Indian
treaty directed from hence to be entered into and per-
fedled by Sir William Johnfon, called the treaty of Fort
Johnfon.

R 4 affairs.

( 248 )

affairs, I might here point out " the caufes
of the alienation of the Delawares and Sha-
wanefe Indians from the Britifi interefi -, by
extraSls from the public treaties, and other
authentic papers relating to the tranfaBions
between the government of Penfylvaiiia and
the faid Indians for near forty years pajij" as
fet forth in a memoir which I have had by
me for many years. I could alfo from a
ieries •f' of letters for ten years, from Mon-
iieur de Vaudreiiil, while governor of Loui-
fiana, to his courts point out thefe negled:s
and errors 3 as alfo the manner in which the
French profited of thofe our errors, by which
we loil the Cherokees, and other fouthern
tribes.

After what has been explained, it will be
fufficient hereto fay, that, ift. Doing juftice
to our faith and honour, by treating the In-
dians according to the real fpirit of our al-
liances with them ; 2dly, That doing the
Indians juftice in their lands j and 3dly, Giv-
ing up that idle, ufelefs claim of dominion
over them ; are points abfolutely and indif-
penlibly neceffary to be adopted into our po-
litics ', unlefs we have ferioufly taken the
refolution to force our v/ay by war. Until
thefe points are adopted, we never fhall have

f Thefe letters in manufcript are authentic; but I
am not at liberty to fay hov/ they came into iny polTef-
fion.

peace

( 249 )

peace — —And it deferves thorough and
mature deliberation how we engage to fettle
and polTefs America by war.

Thefe meafures of found policy once fixed
upon, the next ftep is to eiliablilli an Admi-
niftration for the condu<5ting Indian affairs.—
This part of the plan which I propofed, is
in part adopted, by dividing the manage-
ment of Indian affairs into two Intendencies
— one for the northern, the other for the
fouthern nations ; but, as every thing which
I could fay further on this head, hath been
fome years paft flated in the memorial an-
nexed to thefe papers, I will here refer the
reader to * that memorial on thefe points^
The meafures recommended therein I have
by an opportunity of comparing them with
the events of eight -f- years, found to be fuck
as I do mofl: fmcerely wifh may be carried
into execution — And if a private perfon
might prefume to obtrude advice, (which
has not formerly been negled:ed, when the
affairs of the plantations were full as happily
adminiflered, as they have been of late) I
would now venture t© recommend the con-»
fideration of thefe meafures, to thofe whofe
duty it is to ad: in thefe matters. When
thefe matters ihall be fettled as they ought
to bC;, then it may be time to take up the

* Appendix, N°. VIII, .

f I'his refers to the year 1755.

<;oniaderation

( 250 )

conlideration of proper regulations for the
Indian trade : and when that time comes ;
if a plan, which I have accidentally feen, be
carried into execution ; I would venture to
fay, that every thing which can or ought to
be done in Indian affairs will be effected.

CHAP. VIII.

Co72fideration of the Commerce 'which arifes
from Colonies-, and Revifon propofed of the
aBualftate of that of the Britijh Colonies.

IF with the fame fpirit, guided by the
fame principles, a reviiion was made of
the laws of trade, fo far as they refped the
Colonies -, it would anfwer more wife ends
of government, and more the intereft of the
governed, both here as v/ell as in the Colo-
nies j than any endeavour, even though fuc-
cefsful, to carry the prefent laws into exe-
cution.

The principles on which the act of navi-
gation is founded are jurt, and of found po-
licy ; but the application of them, by the
jnodes prefcribed, as the laws now ftand, to
the prefent ftate of the Colony trade, is nei-
ther founded in juilice or prudence. Any
fpirit that would force this application,
would injure the principles themfelves, and
prove injurious to that commercial intereft,
which thofe very ads of trade mean to fe-

cure

( 251 )

en re to Great Britain : whereas, upon a due
revifion of thofe laws, it would appear that
there are means of producing this fame end,
conliftent with the particular intereft of
the Colonies, and what would carry the
general commercial intereft of the mother
country to the utmoft extent that it is capa-
ble of.

The laws of trade refpefting America,
were framed and enad'ed for the regulatin^^
mere plantations ; tradis of foreign country,
employed in railing certain fpeciiied and enu-
merated commodities, folely for the ufe of
the trade and manufadlures of the mother-
country — the purchafe of v/hich, the mo-
ther-country appropriated to itfeif. Thefe
laws confidered thefe plantations as a kind
of farms, which the mother country had
caufed to be worked and cultured for its
own ufe. But the fpirit of commerce, (ope-
rating on the nature and fituation of thefe
external dominions, beyond what the mother
country or the Colonifls themfelves ever
thought of, planned, or even hoped for) has
wrought lip thefe plantations to become objeBs
of trade ; has enlarged and combined the
intercourfe of the barter and exchansfe of

O

their various produce, into a very complex
and extenfive commercial intereft : The ope-
ration of this fpirit, has, in every fource of

intereft and power, raifed and eftabliihed

■ ,1
tne

( 252 )

the Britijh government on a grand commercial
bajis ; has by the fame power, to the true
purpoles of the fame intereft, extended the
Britiih dominions through every part of the
Atlantic Ocean, to the adlually forming a
GRAND MARINE EMPIRE; if the admini-
flration of our government, will do their
part, by extending the Britifh government to
wherefoever the BritiQi dominions do extend.
If, on the contrary, we are predetermined to
carry into ik.nCi and literal execution, the na-
vigation aft, and other laws refped;ing the
plantation trade — v/ithout reviewing and
conlidering what the very different circum-
ilances of the Colonies nov/ are, from what
they were when they were iirft fettled,
merely as plantations, and when thefe laws
were iirfl made, — we muil determine
to reduce our Colonies again to fuch
mere plantations : We muil either narrow
the bottom of our commercial intereft, to
the model of our plantation laws ; or we
mufi: enlarge the fpirit of ,our commercial
laws, to that latitude to which our com-
mercial intereft does actually extend. Thus
ftands the fad — This is the truth — There
is no other alternative. But if we would
profit of them in thofe great commercial
benefits, to thofe great political purpofes,
which they are capable of producing; which
they lead to ; which the whole ftrain of our
politics have, for many years, taught us to

value

( 253 )

value ourfelves upon ; and which have really
been the fource of all our wealth and power;
we mufl examine thoroughly the ftate of this
commercial intereft, we muft make a fincere,
unprejudiced and candid review of thefe
laws of trade, — and by true and more en-
larged principles, model them on the ideas
of regulating the condud: and the intereft, of
various and widely extended parts of a one
great commercial dominion.

The view of Colony-trade in general, as
well as of manufad:ures in particular, ter-
minates in fecuring an extenlive and perma-
nent vent ; or to fpeak more precifely (in
the fame manner as fliop-keeping does) in
having many and fure cuilomers : The wif-
dom. therefore of a trading nation is to gain,
and to create, as many as poffible. Thofe
whom we gain in foreign trade, we pofTefs
under reftridiions and difficulties ; and may
lofe in the rivaliliip of commerce. Thofe
that a trading nation can create within itfelf,.
it deals with under its own regulations j and
makes its own ; and cannot lofe. In the
fettling Colonies, a nation creates people,-
whofe labour, being applied to new objedis
of produce and new materials of manufac-
ture, opens new fources of commerce. By
thefe means the people thus created, not only
live in eafe and affluence within themfelves,
but while they are labouring under and for

the

( 254- )

the mother country (for there all their ex-
ternal profits center) become an increafinp-
nation of appropriated cuftomers to their
mother country. They not only encreafe
our manufactures and exports by vvdiat they
confume themfelves ; but, in the courfe of
their circuitous trade, extend our commerce
alfo.

So far as our Colony-trade is a monopoly,
government ihould precifely direcPc its care to
two effential points : ift. That all the pro-
fits of the culture, produce and trade of
thefe Colonies, center finally in the mother
country. — 2dly, That the Colonies continue
to be the cullomers purchafing of the mo-
ther country alone. On the other hand, fo
far as their circuitous trade either extend?
the commerce of the mother country, or
creates by its ad;ivity a balance v/hicli finally
centers in it — every relaxation, which is not
deJlruBive of this 7nonopoly, ihould, if not
of favour, yet of worldly prudence, be per-
mitted to thefe Colonies. Further, as this
monopoly is an oppreffive, though a necef-
fary abridgement of that freedom, which
Briti(h fubjeffis within the realm enioy, and
is an impofition, if not a direct tax, to the
amount of the external balance of fuch
trade — wife and true policy will be careful
how (to ufe the exprefilon of an old pro-
verb) it " taxes the calf in th€ cow's belly "

I will

I will nrft defcribe the circuit of the
North American commerce, and then fug-
geft fome fuch meafures as may tend to pro-
duce a happy eftabhfhment of our trading
intereft, on true commercial principles. As
the matters contained in the following repre-
fentation, are fairly ftated, according to the
truth and fad: ; and the confequences thence
deduced, are fuch as ad:ual experience ihows
to be in exiftence ; I am fure I cannot give
a more clear, diftind:, or better ftate of the
American commerce than it contains.

* This reprefentation flates, that it is the
fingular difadvantage of the Northern Bri-
tiih Colonies, that, while they iland in need
of 'vaft quantities of the manufadures of
Great Britain, the country is produdive of
very little which affords a dired; remittance
thither in payment y and that from neceffity
therefore, the inhabitants have been driven
to feek a market for their produce, where it
could be vended j and, by a courfe of traffick,
to acquire either money, or fuch merchan-
dize as would anfwer the purpofe of a re-
mittance, and enable them to fuftain their
credit with the mother country. That the
prodigious balance ariling in her favour, is a
fad too v/ell known to the merchants of
Great Britain trading to thofe parts, to need

* New- York petition,

anv

( 256 )

any elucidation : but, as the nature' of the
petitioners commerce when free from re-
ftraints, 'which they think of fatal effeB, and
deJlruBive to it, ought to be underftood ;
they beg leave to obferve that their produce
when fent to our own and the foreign iilands,
was chiefly bartered for fugar, rum, me-
lalTes, cotton, and indigo; that the fugar,
cotton, and indigo, ferved as remittance to
Great Britain ; but the * rum and melalTes

* This rum and melafles became, to the Carol Inas
and other fouthern Colonies, not only a matter of aid
in their own confumption, but alfo an article in their
Indian commerce ; became to the inhabitants of New
England and New Scotland, an aid in their internal
confumption, but alfo a confiderable aid to the con-
furription in their fiftiery. The avowed and chief
articles of commerce between North America and the
parts of Europe to the fouthward of Cape Finiftre are,
fifh and rice. Rice is the produce of Carolina, and the
fiihery is the more peculiar bufmefs of New England
and Nova Scotia. Each of thefe countries produces
and manufa6tures, the one more rice, the other more fifli
than they confume in their own fubiiftence and in their
own foreign trade ; and fo each exchanges that furplufage
for the rum, or rather the melafles which the New
Yorkers fetch from the Weft Indies. By v/hich the
New Yorkers, like the Dutch in Father-land, chiefly
carriers, are enabled to make out adventures to the

Streio-hts and to Africa. Since the writing of the note

above, corn and flour, carried directly to foreign ports
in Europe, has become a moft extenfive and important
branch of American commerce. It is carried chiefly
from the Middle Colonies 3 a great deai however comes
from Canada,

conflituted

( 257 )

eonilltuted elTentlal branches of the petition^
ers commerce, and enabled them, to barter
with our own Colonies for fifh and rice j
and by that means to ptirfae a valuable trade
with Spam, Portugal^ and Italy., where they
chiefly obtained money or bills of exchange
in return ; and likewife qualified them for
adventures to Africa, where they had the
advantage of putting off great quantities of
Briti(h manufaftures,, and of receiving in
exchange, gold, ivory, and llaves 5 which
lafl:, difpofed of in the Weft India iilands,
commanded money or bills : Rum v/as in-
difpenfable in their Indian trade j and, with
Britifh manufadlures, procured furs and
{kins, which ferved for coniiderable returns
to Great Britain, and encreafed the revenue
thereof: that the trade to the bay of Hon-
duras was alfo very material to their com-
merce, being managed with fp/all cargoes of
provilions, rum^ and Britifh manufactures -,
which,. Vv^hile they were at liberty to fend
foreign logwood to the different ports in Eu-
rope, furnifhed them with another valuable
branch of remittance ; that, from this view,
it is evident that fugar, rum, mxelafTes, and
loo-v/ood, with cotton and indi^io, are the
effentials of their return - cargoes, and the
chief fources from which, in a courie of
trade, they iiave extended their ufefulnefs
Vol. I. S to.

( 258 )

to. and maintained their credit with Great
Britain.

That coniidering the prodigious confump-
tion of Weil India produce in Great Britain,
Ireland, and the continental Colonies; the
rapid increafe of thofe Colonies, (their inha-
bitants already exceeding * two millions) ;
the vail acceffion of fubjedis by the late con-
quefis; belides the innumerable tribes of In-
dians in the exteniive countries annexed to
the Britifli crown ; the utter incapacity of
our own iflands, to fupply fo great a demand,
muil be out of all queflion : On the other
hand, the lumber produced from clearing
this immenfe territory, -f- and provilions ex-
tradled fl'om the fertile foil, which moil of
the inhabitants are employed in cultivating ;
muil raife a fupply for exportation, with
v/hich the confumption of our own iilands
can bear no fort of proportion; ;|; that it feems

therefore

* Including the Blacks.

t This includes bread-corn, bifcuit, flour, beef, pork,
and the fmaller articles of live llock.

X If Vv'e, by artificial reiiraints, endeavouc to cut ofF
from between the foreign V/eft India iflands, and our.
North American Colonies, that intercourfe and ex-
change of fupplies which is now neceffary to them ; or
to clog it in a manner that renders it detrimental or

impracticable to thofe iflands j- may we not force

them

: ( : 259 )

therefore connil:en,t with found policy to in-
dulge thofe Colonies in" a free and- unre-
flrained exportation of all the lumber and
produce they raiie and can iparej and an
ample importation of fugar, rum^ and me-
lalTeSj to fupply the variciis branches of their
trade, to which they appear fo neceiTary ;
that, without the onc^ the clearing of new
lands, which is extrem_ely laborious and ex-
penfive, will be difcouraged ; and provifions,-
for want of vent, become of little profit to
the farmer : v/ithout the other, the pe-
titioners mufl: be plunged into a. total incapa-
city of making good their payments for Bri-
tifh debts ; their credit mufc .link j" and their
imports from Great Britain gradually dimi-
nifli, .till, they are contraBed to the n^irrow
compafs of remittances^ barely in ■ articles of
their own produce ; and that, how little fo~
ever their intereft of commerce could be pro-
moted, the Colonies, thus checked, mufl,
from inevitable necefxity, betake themfelves

them into what fhould feera their natural courfe cf
commerce ; an intercourfe with their own Colonies,
in^'the fouthern latitudes ? whence they may be fup-
plied with all thole articles of lumber a!)d live flock,
and bread-corn, &c. which at prcfent, by a lucky,
rather than a natural or neceiTary courfe of trade, create
almoft a monopoly to Northern American Colonies
of the Weft Itidia fupply.

S-2 to

( 26o )

to manufadures of their own, which will be
atterided with confequences very detrim-ental
to thofe of Great Britain. The petitioners,
having thus reprefented the nature of their
commerce^ proceed to point out the feveral
grievances, which it labours under, from
the regulations prefcribed by the laws of
trader and which, if not remedied, they
conceive mufi: have a dired: tendency to pre-
vent the cultivation, and ruin the trade, of
the Colonies, and prove highly pernicious
to both the landed and trading intereft of
Great Britain ||.

That the heavy embarralTments, which
attend the article of fugar, is a capital fub-
jed: of complaint ; and, befides the abfolute
neceflity of a great importation to fuflain
their trade, it is a well known truth, that it
often happens, at the foreign iflands with
which they have intercourfe, that a fufficient
return- cargo, independent of fugar, cannot

II Whether the Britllh merchant will attend to this
or not — it is neverthelefs true. The views of mer-
chants feldom, in courfe of trade, go beyond them-

felves, and the prefent profit, but the flatefman,

whether we look to him in adminiftration or in parlia-
ment, ought thoroughly to weigh the truth and con-
fequence of this afforted fad, as it may affedl the Britifli
commerce in general.

( 26i )

be procured; which alone muil render trade
precarious and difcouraging ; but the high
duty of five fhillings flerling a hundred is
proved, by experience, to be excefiive, and
has induced the fair trader to decline that
branch of bufinefs, while it prefents an irre-
fiilable incentive to fmuggling, to people
lefs fcrupulous ; that it anfwers not the pur-
poies of the government, or of the nation,
^nce it cannot be duly colied:ed ; and, if it
could, would have aneceifary tendency to con-
trad: the remittances for Britifh debts, while,
at the fame time, it is moft mifchievous to
the Colonies, by cutting off one of the grand
fprings of their traffic ; and, that the pref-
fure of this duty is not aggravated, the peti-
tioners appeal to the officers of the cuftoms
at their ports ; that the petitioners therefore
moffc humbly intreat, that a moderate duty
be laid on foreign fugars ; which, they are
allured, would not only greatly conduce to
the profperity of thofe Colonies, and their
utility to the mother country; but encreafe
the royal revenue far beyond what can be
€xped:ed under the prefent reilraints.

■* That the compelling merchants to land

* That the New Yorkers, (only carriers,) fhould
regard this regulation with uneallnefs, is narura^ ; but
I'urelv it is a wif; and prudent regulation, f->r ? -■ b-rnefit
of the British Ifles, to create and give a pr ' -^ to

the Britifh produce and manufacture of the IuL^:';Cl> of
thofe lilands,

S3 and

( 262 )

and ftore foreign fugarsin Great Britain,
before they can be exported to other parts of
Europe, is another moil expenfive and dila-
tory reitri(?don, without being of any ma-
terial advantage to the revenue of Great Bri-
tain 3 for it effedlually puts it out of the
petitioners p,o¥/er, to meet foreigners at
market upon an equal footings is a great
and heavy burden in times of peace and iecu-
ri tyj but in war, will expofe the trader to
fuch peril and hazard, as muil wholly ex tin -
guifli this ufeful branch of remittance : That
Britifii plantation fugar, exported from North
America, ihould be declared French on be-
ing landed in England, the petitioners con-
ceive m.ay juftly be clafled among the num-
ber of hardihips, inflicted by thofe regula-
tions ^ as in Qiictl it deprives them of mak-
ing a remittance in that ailicle, by expofing
them to the payment of the foreign duty in
Great Britain; which appears the, more fe-
vere, as their fellow fubjeds of the iilands.
are left at liberty to export thofe fugars for
what they really are j and a diftindiion is
thus created in their favour, vvhich the pe-
titioners cannot but regard v/ith uneaiinefs.

That foreign rum, French excepted, is
the next article which the petitioners moil
humbly propofe for conlideration ; as the
importation thereof, on a moderate duty,
V/ould add confiderably to the revenue, pre-
vent

( ^^z )

vent fmuggling, promote the petitioners na-
vigation, encreafe the vent of their own pro-
duce with Britifli manufacflures, and enable
them to bring back the full value of their
cargoes j more efpecially from the Danifh
iflands of St. Thomas and St. Croix, from
whence they can now only receive half the
value in fugar and cotton, confequently rum
alone can be expedied for the other half;
thofe iflands affording nothing elfe for re-
turns, and having no Ipecie but of a bale
kind.

That the exportation of foreign logwood
to foreign markets has already been diftin-
gui(hed as one of the principal means, by
which thofe Colonies have been enabled to
fuitain the weight of their debts for Britifli
manufadures -, and it is with the greatefl
concern, the petitioners obferve it to be
ranked by the late ad: among the enume-
rated articles; and confequently made fubjed:
to the delay, the hazard, and cxpence, of
being landed in Great Britain ; the low price
of logwood, its bulk, and the duty with
which it is nov/ burthened, mufc totally de-
flroy that valuable branch of the petitioners
commerce, and throw it into the hands of
foreigners, unfettered with thofe heavy em-
barrafiments.

S 4 That

( 264 ) .

That their lumber and pot-afh even wlien
fiiipped for Ireland, where they are fo necef-
farv -y the latter particularly, for the progrefs
of their linen manufa6lure 3 and provilions
themleives, though intended to reheve that
kingdom from a famine ^ are fubjed: to the
fame difcreiling impediments ; nor is flax-
feed (on the timely importation of which
the very exigence of the linen manufacture
of Ireland immediately depends,) exempted,
although it is a fadt capable of the moil
fatisfadiory proof, that, without the delay
now created, it has been with difficulty trans-
ported from that Colony, to be there in
proper feafon for fowing -, that what renders
fo injurious an obftrudlion the more aifed:-
ing, is the reflection, that, while it deprives
the petitioners of the benefits ariung from
flax-feed, lumber, and pot-afli ; thefe articles
may all be imported into Ireland direCtly
from the Baltic, where they are purchafed
from foreigners, under the national difad-
vantage of being paid for with money inftead
of manufactures I and the petitioners there-
fore humbly beg leave to exprefs their hopes,
that an evil in io high a degree pernicious to
them j to the flraple of Ireland ; and to the
trade and nuanufaCtures of Great Britain j and
which in times of v/ar muft fall on all with
a redoubled weight 5 will not fail of obtain-
ing

( 26s )

|ng the attention of the houfe, and an imq:ie-
diate and efFedlual redrefs.

That they beg leave further to reprefeiit,
that the wines from the illands, in exchange
for wheat, flour, fifh, and lumber, would
confiderably augment the important article
of remittance, was the American duty with-
drawn, on exportation to Great Britain : an4
that it is therefore humbly fubmitted, whe-
ther fueh an expedient 3 calculated at once
to attach them to hulbandry, by expanding
the confumption of American produce ; to
encourage Britifh manufacflures, by enabling
the petitioners to make good their pay-
ments ; and to encreafe the royal revenue, by
an additional import of wines into Great
Britain i will not be conliflent with the united
interefts both of the mother country and her
Colonies.

That the petitioners conceive the North
American fifhery to be an objedl of the
higheft national importance -, that nothing-
is fo elTential for the fapport of navigation ;
imce by employing annually fo great a num-
ber of (hipping, it conftitutes a refpedable
nurfery for feamen ; and is fo clearly advan-
tageous for remittances, in payment for
Britilh manufactures 5 that the petitioners

therefore

( 266 )

therefore humbly prefume, that it will be
cherilhed by the houfe with every poffible
mark of indulgence j and every impediment
be removed, which tends to check its pro-

grefs.

That the enlarging the jurifdidion of the
admiralty, is another part of the ftatute of
the fourth of his prefent majefty, very grie-
vous to the trade and navigation of the Colo-
nies, and oppreffive to the fubjedr^ the pro-
perty of the trader being open to the invaiion
of every informer, and the means of juflice
fo remote as to be fcarcely attainable.

That the petitioners beg leave to exprefs
the warmeil fentiments of gratitude, for the
advantages intended by parliament,, to Ame-
rica in general, in the opening free ports at
the iilands of Jamaica and Dominica j yet,
at the fame time, they cannot but lament,
that it is their unhappinefs to be in no con-
dition to reap the benefits which, as it was
imagined, v/ould flow from fo v/ife a policy j
that the coilediing great quantities of the
produce of Martinico, Guadaloupe, &c. at
the iiland of Dominica, v/ill be the natural
confequence of opening that port, and v/ould
prove of real importance to thofe Colonies,
were they at liberty to bring them back, in

return

( 267 )

return for their lumber and proviiions ; but,
as they are now prohibited from taking any-
thing, except melaffes j and, it is juflly ap-
prehended, there cannot be a fufiicient quan-
tity of that commodity to fupport any con-
fiderable trade; the petitioners think it evi-
dent, that no fubilantial advantage can be
derived to them under fuch a reilraint : that
they are, at the fame time, at a lofs to dif-
cern the principle on v/hich the prohibition
is founded ; for, hnce fugar may be im-
ported dired: from the foreign iilands, it
feems much more reafonable, to fufFer it
from a free port belonging to Great Britain 3
that the petitioners therefore humbly hope,
that it will be thought equitable to adapt
this trade to their circumilances, by grant-
ing them liberty to import into the Colonies,
ail V/eil India productions, in exchange for
their commodities. That upon the whole,
although, at the lafl feffion, the heceffity of
relieving the trade of thofe Colonies feems
to have been univerfally admitted, and the
tender regard of parliament for their happi-
nefs highly diftinguiihed 3 neverthelefs, ex-
perience has evinced, that the commercial
regulations, then enacted, inftead of remed)^-
ing, have encreafed the heavy burthen under
which it already laboured.

«f

In

( 268 )

^ **" In this furvey one thing muil; be
** taken notice of as peculiar to this country,
" which is, that as in the nature of its
*' government, fo in the very improvement
*' of its trade and riches, it ought to be
*' confidered not only in its own proper
** intereft, but hkewife in its relation to
^* England, to which it is fubordinate, and
'' upon whofe weal in the main, that of this
•*' kingdom depends, and therefore a regard
'^^ muft be had to thofe points wherein the
*' trade of Ireland comes to interfere with
*' any main branches of the trade of Eng-
** land, in which cafe the encouragement
^* of fuch trade ought to be either declined
*' or moderated, and fo give way to the
*' intereft of trade in England. Upon the
^* health and vigour whereof the ftrength,
*' riches and glory of his majefty's crown
^' feem chiefly to depend. But on the other
** lide, fome fuch branches of trade ought not
^' wholly to be fupprejfed, but rather fo far
** admitted as may ferve the general con-
** fumption of the kingdom, /^ by too great

* Letter of Sir William Temple to Lord Effex, in
July 22, 1:673, concerning the ftate of Ireland, wherein
the reader will fee the furvey taken of the trade of that
country, at that time, fo appofite to the ftate of the trade
of the Colonies at this feafon, it will be impoflible not to

*' an

( 269 )

^* an importation of commodities ^ though out of

•' 'England itfelf the money of this kifigdom

*' happen to be drawn away i?2 fuch a degree y

*' as not to leave a Jlock fiifficient for turning

** the trade at homeJ'

If many of thefe regulations above pro*
pofed and fubmitted to cortfideration, cannot
be admitted j while the Colonies are, by the
laws of trade, con iidered as z«fr^^Z:7«/^//(3;zj'.:
And if the improved commerce of the Colo-^
nies, cannot any longer fublifl as a branch of
the commercial intereft of Great Britain, if
they are not admitted -, Great Britain is re*
duced to the dangerous alternative, of either
giving up the fubordination of the trade of
its plantations, or of giving up its commerce,
as it hath been extended and improved, by its
Colonies becoming commercial ftates : from
which, otherwife inevitable danger, nothing
but the general plan of union, as repeatedly,
above recommended, can preferve it.

The general principle of the lawS of trade
regulating the Colony trade, is, that the
Colonies fhall not, on one hand, be fupplied
with any thing but from a Britifh market ^
nor export their produce any where but to
a Britifli market. In the application of this
principle, the prefent laws direcft, (except in
ibme fpecial particulars,) that the Colonies
4 ' fhall

^ - ( 270 )

fhall import all their fupplies from 'Britain^
and carry all their produce to Britain.

If now, inftead of confining this market
for the Colonies to Britain only, which is
a partial and defective application of the ge-
neral principle whereon the ad: of naviga-
tion is founded ; this Colony trade was made,
amidil other courfes of trade, an occafion
.of eftabliflning Britijh markets even in other
countries y the true ufe would be derived to
the general intereft from thefe advantageous
circumftances ; while in particular the Colo-
nics and the mother country would be mu-
tually accommodated. In the firft cafe, the
general intereft, perverted to partial purpofes,
becomes fo far forth obftrucfted j in the fe-
cond, it would be carried by the genuine
fpirit of it, to its utmoft extent. — If, under
certain reftridlions, fecuring all thofe duties
which the produce of the Colonies, carried
to market, ought to pay to the mother coun-
try ^ the Colonies v/ere permitted to export
their produce (fuch as are the bafis or ma-
terials of any Britifh manufacture excepted)
dirediiy to foreign countries -, if fo be they
fold it to any Britijh houfe eftabliihed in fuch
place, and- were alfo permitted, if they
bought their fupplies from a Britijld houfi
eftablifhed in' thofe parts, to lupply them-
lelves with the natural fruits and produce of

that

( 271 )

tliat country (all manufadures that any way
interfere with the Britifh manufaftures ex-
cepted) paying there to fome Britilh officer,
(or upon their arrival in the Colonies) the
fame duties as they would have paid by pur-
chaiing the fame commodities in England;
every end propofed by the principle of the
ad; of navigation would be anfwered ; the
exports of the Colonies would be encou-
raged ; and the Britifi market greatly ex-
tended.

The Colonies would not only trade to,
and be fupplied by, a Britifh market-, but
would become an occalion of eftabiifhing
the Britifh market in foreign countries. The
fame reafons of commerce, which, in a nar-
rower view, became the grounds for efta-
blilhing fadories at Peteriburgh, Riga, Ham-
borough, Lifbon, Cadiz, &c. would on a
more general and exteniive balls become the
foundation for eftablifhing and building up
thefe Britijh markets in every region to which
our trade extended itfelf ; for while it necef-
farily enlarged the fpecial interell of the Co-
lonies, it would enlarge it only at Britilh
markets, and to the final profit of the Bri-
tiih general commerce : The profits of fuch
market, finally centering in Great Britain.
If this maxim be not true— that the profits
of the fadories fettled in foreign ports, finally
I center

f 272 )

center iri Great Britain; the meafure of eila-^
bliftiing fach is falfe in policy : If the maxim
be true, the permitting our Colony exportSj?
to go direcflly to the ports where fuch fadto-
ries are eftablifhed ; is not contrary to the
principle on which the ad: of navigation
arofe, but becomes coincident with, and
aiding to it, in extending the Britilh naviga-»
tion and Britifh markets, and fecuring the
iinal profits thereof to Britain only.

If this method of reafoning be found not
contrary to the principle of the adt of navi-
gation ', if this meafure, at the fame time
that it encourages the trade of our Colonies,
is found to do it in a way fubfervient to the
general commerce of Great Britain ; extend-
ing the Britifh markets, and fecuring the
final balance of profit to Britain only; if
this fpirit of adminiflration, fo far as govern-
ment has a right to dired: the courfe of trade,
be adopted in this part of it; the great points
which it has to fecure, are firfl, that the
Colony-exports to, and the fupplies pur-
chafed by them from, thofe foreign ports,
he fold and bought at a Britijlo market only, — •
The government has a right to extend its
laws to thefe Colony traders, and to the fac-^

tories eftablifhed in foreign ports. -It can

therefore, partly by fuch laws as it finds
proper to enad, for the regulation of this

fad'orv

( 273 )

fa<5Lory trade ; and partly by obliging tbefe
Colony traders to give bond before their
departure from the Colonies; fecure and con-
fine, all thefe tranfad:ions of that commerce,
which is permitted at any fuch port, to a Bri-
tijld market only ; the laws that eflablifhed
thefe, being a favour extended to the Colo-
nies ; and promoting the intereil of thefe
factories, would, as all laws of trade fliould
do, execute themfelves 3 and by giving the
requiiite powers to a conful or naval officer
reiident there, would be eaiily adminiflered
by fuch officer.

The next point to be guarded, v.^ould be
the fecuring thofe duties, which this trade
ought to pay, to the government of Great-
Britain: If the fame duties were paid, or fe-
curity for them taken in thefe foreign ports,
as would be or fliould be paid by. the Colony
trade, if the traders were ftiil obliged to
come to Britain; every end would be an-
fv/ered to the government revenue ; and
thefe charges might be fufficiently fecured,
by obliging all thefe traders to fail under
bond. The arrangements- to be taken in fuch
cafe, ought to be that of addinp- to the office
of conful, fuch powers as in the Colonies,
(before the eiliabliihment of fpecial revenue
officers there,) were given to the naval officer;
or to eftabliffi a naval officer. The conful

Vol. I. T or

( 274 )

or naval officer, in tliis branch of his admi*
niftration, fhould be fubordinate to the com-
miffioners of the cuftoms and the lords of
the treafury. If the duties were colleded
by him, in the ports of his diftrid:, he Hiould
account and give fecurity for the fame : if
bonds only, (as fecurity for the payment at
fuch Britifli or plantation ports,) were given;
he , fhould keep the regiller of the fame;
and correfpond with the commiffioners of
the cuftom.s, and fuch officers as they dired:,
as to the fulfilling, cancelling, or profecuting
to effe(5t, faid bonds. Thefe general arrange-
ments, taken ; together with fuch further
fpecial regulations, as the experience of the
commiffionrs of the cuftoms fhould fuggefl ;
the revenue of the Colony and factory trade,
under this mode of adminiflration, would
be well fecured, chearfully paid, and eafily
colled:ed.

Under the adminiflration of fuch meafures,
there does not appear any reafon why all the
produce of the Britiih Colonies, which are
not the bafis of, or do not interfere with the
Britifh manufa6lures, might not be carried
diredtly to a Britifh market at a foreign port,
— and why the carrying of rice to foreign
ports might not be extended, under thefe
laws, to all fuch foreign ports whereat a Bri-
tifh fadory is eflabliihed.— Nor under thi?

mode

( 275 ) .

mode of commerce, can any fufficient reafoii
upon earth fubfifl, why the Colony traders
jChouldnot be permitted to load at thefe ports,
the fruits, wine, oil, pickles, the produce
of that country; and alfo fuch raw unmanu-
fad:ured produce, as would not interfere
with the manufacture of Great Britain j in-
ftead of being obliged to come to Britain to
buy or reload here, (after the expence of aii
unneceiTary voyage,) thofe very commodities
which they might have bought in a Britifi
market, at the port which they left. Why
not any of thefe, as well as fait; as well as
wines from the Madeiras and Weftern iiles ?
In the fame manner, by the fame law, why
may not our Colony traders be permitted
to carry fugar, ginger, tobacco, rice, &c.
to fuch ports in the rivers Wefer and Elbe,
in the Sound and in Ruffia, whereat a Bri-
tilli fa(^ory is, or may be eflabliflied ? It can
never be right policy to fufFer labour in vain
in a community : it is jufl; fo much loft to
the community: and yet this coming round
by England, is labour in vain : If the fubordi-
nacy of the Colony-trade, and the duties
ariiing thereon, can be by any other means
fecured, it is fo much labour loft. The
tv/o points of a Brttifi -market^ and the re-
venue of the duties being fecured .; why may
not thefe traders be permitted to load at thefe
ports directly for the Colonies, hemp, yarn^
T 2 and

( 2-/6 )

and fuch coarfe linens, as do no way inter-
fere with the Britifh manufactories ? Thefe
meafures taken, which would prove to be
the true means of encouraging the Colony-
trade, the belf method to put a flop to the
contraband trade carried on in this branch
of buiinefs, and the true grounds whereon
to eftablifh the general commercial intereflis
of Great Britain ; government could not
be too ftrid: in enforcing the execution of the
laws of trade ; nor too fevere in punifhing
the breach of them. — Wherever they found
thefe traders endeavouring to carry from thefe
ports to the Colonies, raw filk, iilks, velvets,
foreign cloths, laces, iron, Heely arms,
ammunition, fails or rigging, or any manu-
faftures whatever, that interfere with the
manufadiures of Great Britain : whenever they
found thefe traders endeavouring to carry
from the Colonies to thofe ports, any dying-
v/ood whatever; indigo, cotton, filk, bees
or myrtle-waxj flax-feed, naval flores, furs,
fkins or peltry; hides, provifion, grain, flour,
bread or bifcuit; whale-oil, blubber, bone,
or any other fifh-oil ; or tallow, or candles -,
with an exception perhaps to myrtle and
fpermaceti candles ; government could not
be too llrid and v/atchful to reilrain them.
Under proper regulations, the rum of the
northern Colonies fhould be carried to Africa;
and the fait of it to the Fren-.h on the brnks
r of

( '^17 )

of Newfoundland encouraged, if fuch vent
Gould be procured; as we fhould thereby
reap at leafl feme fhare even of the profit of
the French fifliery.

In the above revliion of, and the propofed
regulations for the Colony trade, as con-
nedied with that of Europe ; it v/ili be it^n
that all mention of Eaft India goods is pur-
pofely omitted. I think a fpecial meafure
might be contrived of fupplying the Colo-
nies with Eaft- India goods, in a way that
would effediually put a flop to that con-
traband trade, by w^hich it is complained
they are at prefent fupplied; in a way by
which one of the greatefl: marts in the world,
with every attendant advantage to the Britifh
general commerce, and the fpecial interefl:
of the Eafl - India trade, might be efta-
blifhed.

If meafures were at this jundure taken,
between the government and the Eaft-India
company, fo that an Eaft-India fhip might
annually ftop at fome iiland in the Weft-In-
dies 5 the traders, not only of the Weft-In-
dies, but of North America, would fupply
themfelves with every advantage at fuch
mart, not only for their own proper con-
fumption, but alfo for a trade of the greateft
extent : and this mart, in return, would
T 3 be

. ( 278 )

be to the Eafl-India company, the collector
of all the furplus lilver of America, and per-
haps even of fome of the gold and ivory of
Africa alfo. The exteniive advantages of
this meafure cannot but be feen : nor would
this any way interfere with that fupply with
which the Eail- India trade, by way of the
Manilla's, furnhhes the Spanifh Weft- Indies,
fo far as our Eafl-India company may be
fuppofed to be concerned; but would, in
other refped:s, open a better channel of trade
between the Eaft and Weft-Indies, which
our company muft command. The difficuU
ties in the execution, lie in fecuring to go^
vernment the revenue that (hould arife from
the duties duly paid by this trade 3 and in
fecuring the company againft the perveriion
of this trade to the profit of their officers
and fervants,-— — •

■ In the fame manner, fome revilion of the
ftate of the trade of the Colonies of the fe-
veral mafitime powers amongft each other*
will be neceifarv.-^*—- The laws and ordon*
nances of thefe, do in general prohibit all
trade of foreign Colonies with their own- —
and yet, without fome fuch trade, as fupplies
the Spanifh provinces with Britiili goods and
provilions ; as fupplies the British Colonies
- with SpaniOi lilver ; as fupplies the French
iiiands with Britilh lumber, fiCrt) provilions^

horfesa

( 279 )

horfes, and live itock ; as fupplles the Bri-*
tiih Colonies with French melafTes ; the
trade and culture of thefe Cclonies would be
greatly obftrudted and impaired ; and yet
notwithllanding this fad, our laws of trade,
by an impracticable duty, extend to the pro-
hibiting the importation of French melalTes
into our Colonies. — If the government, un-
der this law, could prevent effed:ually this
importation ; not only into the northern Co-
lonies, ifuf ijito the Briti/Jj ijles alfo ; the re-
ward of that pains, would be the deftrudlion
of a beneficial branch of trade : perhaps of
driving the Britiili American diftiilery, into
the French, Dutch, or Danifh ifles : or of
forcing the French, contrary to their own
falfe policy, into a profitable manufad:ure of
that produce, which they now fell as refuie
materials. I need not point out here the
very elTential change that this would make

in the Colony trade. On the contrary, it

is the duty of government to permit, nay
even to encourage, under proper regulations,
thefe branches of trade m the firil place,
in order to extradl out of the foreign Colo-
nies, (to the benefit of the Britifh commerce,)
as much as poffible the profits of thefe Colo-
nies ; and which is more material, in order
to create a neceifary dependence, in the trade
and culture of thofe Colonies, for their fup-^
plies on the Britiili commer<:e. When it is
. ^ T 4 remembered

( 28o )

remembered that the lav/, v/hich lays a duty
equal to a prohibition, on the importation
of French meiaffes in the Britifh Colonies,
was obtained at the felicitation of the Bri-
tilh iiles : it will be feen, that the obtaining
this law is not fo much meant to prohibit
totally the introduciion of French mielafTes
.into the Britifli trade, as to determine a
ftruggle between the V/eil-India and North
American traders, who fnould have the pro-
fits of it. And thus, from the predominant
intereft of tliefe partial views, has govern-
ment been led to embarrafs the general
courfes of its trade. — But as the Wefi-
Jndia traders fee that this law has not (never
had, and never will have) the eiFed; propofed ;
they v/ill be better reconciled to its ceaiing ^
and as government muft now, after the ex-r
periment, fee the faife policy of it ; '^ there
is no doubt but that it will ceafe, fo far as to
reduce the duty to a moderate and pradii-
cable charge ; fuch as will be paid ; and
fuch as will raife to the crown a very con-
fiderable revenue thus paid.

I fpeak not this by guefs — - but from a
com.parifon of the quantity of fugars and
melalfes, brought to account in the cuilom-

* This meafure hath, fsnce the writing of the above,
taken place by 6 Geo. 3. c. 32.

houfe

( 2Sl )

Iioufe books of the Kin§:s revenue ; with the
quantity of the fame article, in tne fame
ports, brought to account in the impoil-
books of the Colony revenue, for fix years to-
gether ', I could, vv^ith fome preciiion, mark
the extent of it. I own I did always ap-
prehend that two-pence^^^r gallon on foreign
melaffes imported iuto any Britilh planta-
tion, (and fo in proportion of fugars,) was
the bed rate at which to fix this duty ; that
being thus moderate, it might be ea.fier and
with lefs alarm and oppofition colledled, and
might therefore the fooner introduce the
practice of fair trade, and the fooner become
an effeBlve revenue : But when I fee a
groundlefs clamour raifed, which reprefents
the rate fixed by the late revenue-acf, as de-
ftrudlive of the American diftilleryj as ruin-
ous to the American fiihery j as a prohibition
of the returns made from the fofeign iilands
for the North American iifh ; I mufl: own
that I have never iQQ.r\ any fa6]- ftated, or cal-
culation fairly made, on which fuch ailer-
tions found themfelves,

The French ifles, fince the farrender of
Canada and Louifiana, mull; depend entirely
for their fupplies of lumber, ilaves, heads,
provilions, live fcock, horfes, &c. on the Bri-
tiih Colonies, immediately exported from
thence %o thofe iiles j unlefs by fome means

fuPDlied

( 282 )

fapplied from markets created at New Or-
leans and the ifland of St. Peter; as from
another Ifle of Man : it will therefore be the
duty of government to keep a watchful eye
to the formation and extent of thefe mar-
kets—- fo at leaft, if they be permitted, as to
have the command of them ; and fo as to pre-
vent their being, to the French traders, the
means of fupplying the Spanifh markets alfo,
as well as their own.

Since the writing of what the paragraph
above contains -, very properj regulations
have been by the late American revenue-ad:
provided ; and if proportionate care be taken
in the execution of it, this danger is for the
prefent guarded againft.

Some reviiion alfo will be neceffary in the
laws about naval fcores ; efpecially that re-
fpeding the mafts. The prefent law, under
an idea of preferving the White Pine or mail
trees, direAs, That no White Pines fhall be
cut or felled within the limits of any town-
ihip, if not adlually private property. — This
part of the law arifes from a miftaken appre-
heniion of a townihip; there being no lands
within inch, but what are private property. — -
lafy, That no pines out of a townfliip, of
the dirnenllons of 24 inches and upwards
diameter^ at the height of 20 inches from the
2 ground.

( 283 )

ground, fliall be felled. — -This part of the lav/
is fclo de fe. — Thofe who find their profits
in cutting down thefe trees for logs, or mak-
ing fhingles, &c. or who know the embar-
raflments which would arife to their pro-
perty, if they fhould ever apply for a grant
of thefe lands, by letting fuch Pine-trees,
the property of the crown, grow there;
never (if they have not other means to evade
this law) will permit thefe Pines to come to
this dmenJto72, which makes therti royal pro-
perty. The falfe policy of this law, and the
defe(fts in the eflablifiiment of an office of
furveyor - general of his Ma.je]fty's woods,
will foon (if not obviated) be felt in the
fcarcity and price of mafts, which will be
the efFed; of it. The neceflity of their going
a great diftance from the rivers, for the
mafts, has already taken efFed: ; - and the cafe
of there being none within any practicable
diftance, will foon follow. The navy-office
finding that their mail-fhips do come rc^gu-
lariy hitherto to England,cannot entertain any
fear of fuch want, and it will be the intereft
of others to fupprefs and contradid: this
fa(ft I yet it is a fad ; and will be foon known
in its effeds. On the contrary, if it is con-
0dered how difproportionate a value the
price of the Pine-tree growing, bears to the
price of the mail: when brought in the mid-
dle of winter^ over the fnow/ ynxhf<$'Qt^%o

yoke

(.' 284 )

yoke of oxen to the water-ilde j if, inilead
of aiming to make thefe trees, thus growing,
royal exclufi'vie property ; the crown was not
only to permit a free mailing in lands not
granted ; and to make the maft-trees, of all
dimenlions, private property on lands actually-
granted ; but alfo (as it is done in other
cafes Ox^ naval ilores) to give a bounty bc-
iides the price, to the perfon who fhould
bring down any fuch mails to the v/ater-
fide ; it would have an immediate eifed: in
fupplying the crovv^n with malls at a cheaper
rate ; and in the prefervation of thefe trees,
thus become a branch of trade.

I would wifh here alfo to recommend the
giving fome advantages and encouragernent
to the importation of American timber into
Great Britain *.

I have not gone into the thorough exami-
nation of thefe fubjecfls above-mentioned ;
nor have I pointed out, in all their confe-
quences, the eife(5ls that this or that flate of
them would have. I have only pointed them
out as v/orthy the attention of government :
and, I am fure, whenever government takes
them under coniideration, they will be better

* This has been done, by an adl of 1766, fince this
was firft written and publifhed.

underfloodj

( 285 )

underilood, than any explanation of mine can
make tliem.

Were fome fuch arrangements taken for a
revifion and further eilabliiliment of the laws
of trade, upon the principle of extending
the Britifli general commerce, by encou-
raging the trade of the Colonies, in fubordi-
nation to, and in coincidence therewith ; the
trade of the Colonies would be adminiftered
by that true fpirit from whence it rofe, and
by which it ad:s ; and the true application
of the benefits which arife to a mother coun-
try from its Colonies, would be made. Under
this fpirit of adminiftration, the government,
as I faid above, could not be too watchful
to carry its law^s of trade into efFed:ual execu-
tion.— But under the prefent ilate of thofe
laws, and that trade; there is great danger
that anv feveritv of execution, which fhould
prove efFedual in the cafes of the impor-
tation into the Colonies of foreign European
and Eaft-India goods; might force the Ame-
ricans to trade for their imports, upon terms,
on which the trade could not fupport itfelf ;
and therefore become in the event, a means
to bring on the neceffity of thefe i\mericans
manufacturing for themfelves. Nothing does
at prefent, (v/ith that adive and acute people,)
prevent their going into manufadures; ex-
cept the proportionate dearnefs of labour,

as

( 286 )

as referred to the terms on which they can
import : but encreafe the price of their im-
ports, to a certain degree : let the extent of
their fettlements, either by policy from home,
or invafion of Indians abroad, be confined j
and let their foreign trade and navigation be,
in fome meafure, fupprelTed; their paper-
currency limited within too narrow bounds^
and the exclufion of that trade which
hath ufually fupplied them with filver-

money, too feverely infifted upon this

proportion of the price of labour, will much
fooner ceafe to be an object of objediion
to manufad:uring there, than is com-
monly apprehended. The winters in that
climate are long and fevere ; during which
feafon no labour can be done without doors :
That application therefore of their fervants
labour, to manufactures for home confump-
tion; which under any other circumfliances,
would be too dear for the produd; created
by it 5 becomes, under thefe circumflances,
all clear gains. And if the Colonifls can-
not on one hand, purchafe foreign manufac-
tures at any reafonable price, or have not
money to purchafe v/ith -, and there are, on
the othei*, many hands idle which ufed to
be employed in navigation ; and all thefe,
as well as the hufbandmen, vi^ant employ-
ment; thefe circumiiances, will foon over-
balance the difference of the rate of labour,

in

( 2%J )

in Europe and in America : And if the Co-
lonies, under any future (late of adminifl'ra-
tion, which they fee unequal to the manage-
ment of their affairs, once cojne to feel
their own Jirength in this way ; their inde-
pendence on government, at ieaft on the ad-
minillration of government, will not be an
event fo remote as our leaders may think;
v/hich yet nothing but fach falfe policy can
bring on. For, on the contrary, put their
governments and laws on a true and confli-
tutional bails ; regulate their money, their
revenue, and their trade; and do not check
their fettlements ;— they muit ever depend on
the trade of the mother country for their fup-
plies — they will never eftablifli manufadures
— their hands being elfewhere employed, and
the merchants being always able to import
fuch, on * terms that mufi ruin the manufac-
turer.

* This is a fa£l too well known and underftood to
reed any particular proof — but if need were, the writer
of thefe papers could demonftrate this from the prices of
wool, hemp, and flax, and the labour of cardina;, dreff-
ing, fpinning, Vv'eaving, he. in North America; com-
pared with the prices of the fame articles of produce
and labour in Britain. It is therefore an idle vaunt in
the Americans, when they talk of fetting up manufac-
tures for trade •, but it would be equally injudicious in
government here to force any meafurc that may render
the man ufadlu ring for home confumption an objeft of
prudence, or even of pique in the Americans. And
yet after aii, fhould any thing of this fort extend itfelf

to

( 288 )

tiirer. Unable to fubfift without, or to unite
againil the mother country ; they muft al-
ways remain fubordinate to it, in all the
tranfad:ions of their commerce, in all the
operation of their lav/s, in every ad: of their
government :—— The feveral Colonies, no
lonp-er conlidered as demefnes of the crown :
mere appendages to the realm ; will thus be-
come united therein ; micmbers and parts of
the realm ; as elTential parts of a one orga-
nized whole, t^e commercial domiiiion of Great
Britai?z — The taking leading mea-
sures TO THE FORMING OF WHICH,
OUGHT, AT THIS JUNCTURE, TO BE THE
GREAT OBJECT OF GOVERNMENT.

to a degree that interfered with the exports of Great

Britain to the Colonies the fame duties of an excife

v/hich lie upon the manufaiStures of Great Britain, le-
vied upon thofe of America, would foon reltore the
balance. This confideration, one might imagine, would
induce thofe who are prudent in America, to advife the
reft to moderation in their oppofition.

t END OF THE FIRST VOLUME-

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